IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22515 of 2010 RAKESH SINGH @ BIPIN SINGH, SON OF JAMUNA SINGH Versus STATE OF BIHAR ----------- 2. 12.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366A and 511 of the Indian Penal Code. It has been submitted that even though initially case was instituted under Sections 366A and 511 of the Indian Penal Code but charge sheet was submitted under Section 363 and 511 of the Indian Penal Code, and, therefore, the offence was bailable but cognizance was taken under Section 366A of the Indian Penal Code even though there is no material for the same. In view of such, let the petitioner above named, who is in custody since 7.5.2009 and has no criminal antecedents, 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 F.T.C. V, Kaimur at Bhabua, in Sessions Trial No. 291 of 2009/ 143 of 2009 arising out of Durgawati P.S. Case No. 58 of 2009, G.R. No. 669 of 2009 subject to the following 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 bailor will undertake to furnish information to the court about any 2 change in 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 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. (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. S.Ali ( Anjana Prakash, J.)