IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10578 of 2010 SURENDRA THAKUR, SON OF LATE HARDEO THAKUR Versus STATE OF BIHAR ----------- 2. 12/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376 and 34 of the Indian Penal Code. The petitioner is the father of the Informant and there is allegation against him of having raped the Informant. Thereafter, the Informant filed a petition before the court on 20.2.2010 stating therein that in fact the petitioner had not raped the Informant and she had implicated him at the behest of the family members of co-accused Ramod Lohal, since after sexual assault upon herself she had conceived and there was a fear of the petitioner taking stern action against her. In view of such petition, let the petitioner above named, who is in custody since 22.9.2009, 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, Muzaffarpur, in Sakara P.S. Case No. 353 of 2009 subject to the following conditions: (i) That the Magistrate concerned before releasing the petitioner on bail, will summon the Informant and satisfy himself that in fact she had resiled from her earlier allegation made against the present petitioner. (ii)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 - 2 - petitioner. (iii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iv)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. The bailor will undertake to inform the court about any change in address of the petitioner. S.Ali (Anjana Prakash, J.)