IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20725 of 2010 MD.EKRAMUL @ MD.EKRAMUL HAQUE, SON OF MD. ILIYAS Versus THE STATE OF BIHAR ----------- 4. 06.08.2010 Supplementary affidavit filed today be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376/34 of the Indian Penal Code. It has been submitted that the petitioner was refused bail earlier by an order dated 24.11.2009 vide Cr. Misc. 25087 of 2009 on the ground that there was an allegation of rape against him. The petitioner has renewed his prayer for bail on the ground that neither any witnesses nor the victim has supported the case of prosecution and, therefore, there is no material whatsoever against the petitioner. In view of such, let the petitioner above named, 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 Additional Sessions Judge, XIIIth, Patna, in Sessions Trial No. 1095 of 2009 arising out of Shashtrinagar P.S. Case No.144 of 2009 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 and the other shall be the father of the 2 petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii)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. (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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)