IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12020 of 2009 RAJ KUMAR --- PETITIONER Versus 1. STATE OF BIHAR 2. RUKAI KHATOON --- OPP. PARTIES. ----------- 08. 24.02.2010 Heard learned counsel for the petitioner. Nobody appears on behalf of the State. Petitioner has approached this Court for grant of regular bail in a case instituted under diverse Sections of the Penal Code including Section 366A of the Penal Code. Considering the submissions advanced on behalf of the petitioner he was granted provisional bail for a period of two months by order dated 12.08.2009. By the said order notices were also directed to be issued on opposite party no.2 (informant). This Court finds from the office note(s) that notices were received by opposite party no.2. Nobody has appeared on behalf of the opposite party no.2. Provisional bail granted to him by order dated 12.08.2009, was subsequently extended from time to time. On 02.12.2009, the application seeking extension of the provisional bail was rejected, and the petitioner was directed to surrender before the Court below and file appropriate affidavit. Today affidavit has been filed in order to show that the petitioner surrendered on 04.01.2010. Learned counsel for the petitioner has 2 also brought on record the deposition of the victim as well as the informant (mother of the victim) to show that they have not supported the prosecution case. In the facts and circumstances of the case, petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs., 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Motihari in connection with Motihari Town P.S. Case no. 323 of 2008 subject to the following conditions: (i) One of the bailors should be the own/close family member of the petitioner. (ii) The petitioner shall appear in person before the Court below on each date fixed at the trial after the charges are framed. In case of default in such appearance on two consecutive dates, it shall be open to the trial Court to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym ( Kishore K. Mandal, J.)