IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40151 of 2010 ISRAFIL @ BUTTI SON OF MD.HASAN Versus STATE OF BIHAR ----------- 2 8.11.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Jehanabad P.S.Case No.472 of 2010 for offences punishable under section 376 of the Indian Penal Code. Learned counsel for the petitioner, with reference to the allegation as set out in the first information report, submits that it is a case of relationship between consenting adults and that the allegation of rape is not made out. Learned counsel submits that there is a considerable delay in institution of the case. Having regard to the circumstances and taking into consideration the submissions of the learned counsel, let the petitioner Israfil alias Butti be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri A.Alam, Judicial Magistrate, Ist Class, Jehanabad in connection with Jehanabad P.S.Case No.472 of 2010 (G.R.No.1774 of 2010), subject to the 2 following conditions: (a) that the father of the petitioner would stand as one of the bailors and who shall be under a duty to inform the court below in case the petitioner, after his release in the present case, is named or is found involved in any further case of similar nature and whereupon the court below shall be at liberty to cancel the bail bond of the petitioner on grounds of misuse. (b) that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case, without reasonable explanation to the satisfaction of the court below, shall confer liberty to the court concerned to initiate proceedings for cancellation of the bail bond of the petitioner and to take him into custody. ahk (Jyoti Saran, J)