IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41650 of 2009 MD.TABREJ @ TABREJ Son of Ishlamuddin Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 02.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 376/34 of the Indian Penal Code. Taking into consideration the statement that now the matter has been compromised between the parties, let the petitioner who is in custody since18.8.2009 and has no criminal antecedent 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 the Chief Judicial Magistrate, Araria in Jokihat P.S. Case no.92 of 2000 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 on date fixed for charge and if he fails 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. The Magistrate concerned will notice the informant- Tashmina Khatoon and ascertain whether the matter has been compromised and in case, it is found incorrect, the petitioner will not be released on bail. shahid (Anjana Prakash, J)