IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39034 of 2009 MD. RASHID KAWARI, Son of Late Md. Sultan. Versus THE STATE OF BIHAR ----------- 02. 11.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 376 of the Indian Penal Code. Taking into consideration the fact that for the same occurrence two cases were instituted one a complaint and the other First Information Report (Annexure-1) but in the complaint there is no allegation of sexual assault having been committed by the petitioner and even though the same was filed seven months after the occurrence in which she had stated that she had given her thumb impression on a piece of paper and handed over the same to the Officer In-charge but the First Information Report reveals that it is a written statement, let the petitioner above named who is in custody since 30.08.2008 be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like - 2 - amount each to the satisfaction of 2nd Additional Sessions Judge, Darbhanga in connection with Singhwara P.S. Case No. 85 of 2007 (S.Tr No. 358 of 2008) subject to the following 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (iii) 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. (iv) 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. Vikash/- (Anjana Prakash, J.)