IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41019 of 2009 HARI YADAV, son of Sukhari Yadav Versus STATE OF BIHAR ----------- 2/ 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 366 of the Indian Penal Code. Taking into consideration the fact that prosecutrix, who is aged about 19 years, in her statement under section 164 Cr.P.C. has stated that she lived with the petitioner for one and half months but has not alleged any sexual assault on herself, let the petitioner above named, who is in custody since 14.3.2009 and has no criminal antecedent, 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 Additional Sessions Judge-cum- Fast Track Court No. III, Gaya, in connection with S. Tr. No.344 of 2009 arising out of Amas P.S. case no.13 of 2009, 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, (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, and (iii) 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. JA/- (Anjana Prakash, J.)