IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.23705 of 2010 CHANDAN RAVIDAS son of late Bishun Deo Das Versus STATE OF BIHAR ----------- 2/ 18.8.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 376 of the Indian Penal Code. It has been submitted that the accused persons are the uncle and nephew between themselves and it does not appear probable that they would commit the offence like rape together as also that the witnesses have stated that the petitioner was implicated on account of land dispute which has been admitted even by the prosecutrix. In view of the such, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. case no.03 of 2010, subject to the 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 bailors 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 bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in - 2 - 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. In case there is any complaint against the petitioner of tampering with the evidence, an enquiry shall immediately be done in the matter to initiate the proceeding for cancellation of bail. JA/- (Anjana Prakash, J.)