IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29163 of 2009 AMAR RAM SON OF SRI YAMUNA RAM, RESIDENT OF VILLAGE SARODIH, P.S. KUDRA, DISTRICT KAIMUR AT BHABUA … PETITIONER Versus STATE OF BIHAR …. O.P. ----------- 2. 19.8.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 376/34 of the Indian Penal Code. Taking into consideration the submission that the petitioner is not named in the first information report and his implication came 40 days later on the alleged material that gamchha, which has been found at the place of occurrence, belonged to the petitioner, let the petitioner above named, who is in custody since 26.6.2009, 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 Chief Judicial Magistrate, Kaimur at Bhabua in Mohania P.S.case No.140 of 2008, 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, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if 2 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 (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial. Narendra/ ( Anjana Prakash, J. )