IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41494 of 2009 ABU NASAR S/o Md Mojib Petitioner Versus STATE OF BIHAR Opp. Party ----------- 02 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 395 of the Indian Penal Code. It is being submitted that on 28.10.2007 the Officer Incharge, Araria police station had filed case stating therein that the petitioner and other co-accused persons have variously assaulted him for absurd reasons. Vide annexure 3, the petitioner has brought on record a complaint instituted by one Most Sambula Khatoon aunt of the petitioner against the said Officer Incharge stating therein that he had entered into her house and attempted to outrage her modesty upon due to which the Officer Incharge had falsely implicated him. Thereafter on 19.12.2007 when a dacoity was committed in the house of Rajiv @ Bablu, the petitioner has been named therein saying that he was identified when his Mask fell of. The submission is that the petitioner has been implicated again in the present case as also Annexure 2 only on account of annexure 3 instituted by the Mostt. Khatoon since the petitioner is the nephew of Mostt. Khatoon. Taking into consideration the aforesaid facts as also apart from these three cases instituted after 28.10.2007 and none before that date, let the petitioner 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 Araria - 2 - P.S. Case no. 660 of 2007 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. shahid (Anjana Prakash, J)