IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3883 of 2010 1. MAHESHWAR MANDAL. 2. Umesh Mandal. 3. Anandi Mandal. All are sons of Late Mahavir Mandal. Versus THE STATE OF BIHAR ----------- 03. 05.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 323, 376, 379, 452, 504 and 506 of the Indian Penal Code. In the First Information Report even though the allegation against all the three petitioners is of having raped the victim but in a further statement the informant has confined her allegation to petitioner No. 1 only. In view of such, I am not inclined to grant bail to the petitioner No. 1, Maheshwar Mandal. The prayer for bail is rejected. So far as the petitioner Nos. 2 and 3 are concerned, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur in connection with - 2 - Raghopur P.S. Case No. 49 of 2009 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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. (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. The fact that the petitioner Nos. 2 and 3 are accused in only one other case besides the present one will be verified by the Magistrate concerned before releasing the petitioners on bail. Vikash/- (Anjana Prakash, J.)