IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23137 of 2011 Raja Bhagat @ Raja Kumar Jaiswal, son of Shankar Bhagat @ Shankar Prasad Jaiswal Versus The State Of Bihar ----------- 3. 12.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376 of the Indian Penal Code. The prosecution case is that two years old niece of the Informant was allegedly raped by the petitioner. The petitioner submits that few months before the institution of the present case the petitioner’s father had filed an Informatory petition before the Court alleging the high handedness of the Informant. The further submission is that during investigation, no independent witness has supported the factum of the case as also that the Doctor who examined the injured did not find any external injury on the private parts of the niece of the informant, the absence of which is indicated that no such occurrence had taken place because the alleged victim was said to be only two years old and it was naturally expected that there would be some injury on her private parts if she had been raped. Considering the same, let the petitioner above named who has fair antecedents, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned 2 to the satisfaction of Judicial Magistrate, Railway, Khagaria, in connection with Saharsa Banmankhi Rail P.S. Case No. 4 of 2011, G.R. No. 31 of 2011 subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)