IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24559 of 2011 Alam, son of Abdul Majid @ Gharru Versus The State Of Bihar ----------- 2. 11.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 364 and 365/34 of the Indian Penal Code. The prosecution case is that on 30.4.2010, the daughter of the Informant was allegedly raped by accused Md. Mahboob who was set free by his parents and relatives (including petitioner) for which a substantial complaint was filed by the Informant. Subsequently, the said victim was threatened by the accused persons. Thereafter, on 7.8.2010, the daughter of the Informant disappeared, so he filed the present case six months later i.e. on 2.2.2011 that he suspected the hands of the petitioner and other accused persons. Considering that there is no direct material against the petitioner and there is no explanation for delayed Complaint, let the petitioner in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Terhagachh P.S. Case No. 09 of 2011, shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount 2 each to the satisfaction of Chief Judicial Magistrate, Kishanganj, subject to conditions as laid down under Section 438(2) Cr. P.C., and (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 change in the address of 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 (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. (iv)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.)