IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25944 of 2009 SHRAWAN KUMAR MAHTO S/o Shri Ram Shobhit Mahto, resident of village- Durgapatti, P.S. Harlakhi, District- Madhubani …Petitioner Versus STATE OF BIHAR … O.P With Cr. Misc. No.30038 of 2009 PRAMOD PASWAN, son of Bhogendra Paswan, Resident of village- Durgapatti, P.S. Harlakhi District- Madhubani …Petitioner Versus STATE OF BIHAR … O.P ----------- 2/ 17.08.2009 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under section 363,376,498 of the Indian Penal Code. Taking into consideration the submission that an adult lady, who initially gave statement before the police on 8.7.2008, but said nothing about the kidnapping and rape and thereafter a week later gave statement under section 164 Cr.P.C. totally contradictory to her earlier statement as also the fact that Ravindra Mahto has been granted bail by this court, let the petitioners above named be released on bail on furnishing bail bond of Rs. 5,000/- each with two sureties of the like amount each to the satisfaction of the CJM, Madhubani, in connection with Harlakhi P.S. case no.78 of 2008 subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how they are related with the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners - 2 - are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police paper on the given date and will not delay the trial. JA/- (Anjana Prakash, J.)