IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5261 of 2010 MD.QURBAN @ QURBAN ALI, S/O MD. HASIB Versus STATE OF BIHAR **** /3/ 04.03.2010 Supplementary affidavit has been filed on behalf of the petitioner, let it be kept on record. 2. Heard both the sides. 3. On the last occasion, by an order, dated 28.08.2009, passed in Cr. Misc. No. 31017 of 2009 the petitioner was refused bail on account of the fact that the victim in her statement under Section 164 of the Criminal Procedure Code has stated that it is the petitioner who had forced her into flesh trade. However, the said Shabnam Khatoon has been now examined during trial as P.W. 5, who does not support her earlier statement. It has been submitted that there are altogether twelve charge sheet witnesses out of whom five have been examined, but, none of them have supported the prosecution case. There are only four private witnesses left to be examined who have not said a word against the petitioner in statement under Section 161 of the Criminal Procedure Code. 4. Taking into consideration the aforementioned facts as also the petitioner is not an accused in any other case of 2 Immoral Traffic (Prevention) Act, 1956, let the petitioner, above named, who is in custody since 01.07.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Session's Trial No. 663 of 2009 arising out of Bahadurganj P.S. Case No. 109 of 2008 to the satisfaction of the Additional Sessions Judge, Kishanganj, on 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 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 and (iii) 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.A. (Anjana Prakash, J.)