IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33781 of 2009 SALIM @ GODAIL, son of Late Bujhawan Mian, resident of Mohalla- Baniyapatti (Chikpatti) P.S. Motihari Town, District- East Champaran … Petitioner Versus STATE OF BIHAR … OP ----------- 2/ 12.10.2009 Heard learned counsel for the petitioner, informant and the State. The petitioner is implicated in the case instituted under section 376(F) of the Indian Penal Code. However, it has been brought to the notice of the court that on 2.1.2009 the same complainant instituted against the petitioner and four others for having out raged the modesty of 10 years old daughter Mamata and thereafter the informant again filed a case on 18.2.2009 stating therein that his daughter Sabbi Praween aged about 11 years old was raped by the petitioner on 28.12.2008 and then on 28.4.2009, the present first information report was instituted stating therein that seven month’s ago his daughter Nisha Praveen aged about 10 years was raped by the present petitioner. The submission is that if Nisha had been raped seven month’s ago, there was no reason why the informant would not have stated this fact when he was instituting the Complaint Case No. C-316 of 2009 on 18.2.2009 and, therefore, it appears to be case of mal prosecution by the informant. Taking into consideration the aforementioned fact as also the fact that the petitioner is in custody since 29.4.2009 and has no criminal antecedent apart from the cases mentioned above by the very same very informant, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of - 2 - the like amount each to the satisfaction of the C.J.M., Motihari, in connection with Motihari Town P.S. case no.153 of 2009, subject to the 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present 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. JA/- (Anjana Prakash, J.)