IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39154 of 2009 GANESH YADAV @ GANESH KUMAR YADAV @ DARESH YADAV, Son of Mahendra Yadav. Versus THE STATE OF BIHAR ----------- 02. 18.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363 and 365/34 of the Indian Penal Code and later on Section 376 of the Indian Penal Code was also added. Taking into consideration the fact that the victim girl stated under Section 164 Cr.P.C. that the three co-accused persons including one Md. Guljar committed rape upon her whereas in the First Information Report it has been stated by the father of the girl that Md. Guljar had been caught while he with the other co-accused persons were attempting to take away the girl and therefore the statement under Section 164 Cr.P.C. does not appear to be reliable, let the petitioner above named 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, Madhubani - 2 - in connection with Kaluahi P.S. Case No. 65 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. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (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. Vikash/- (Anjana Prakash, J.)