IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19439 of 2010 KAMESHWAR GIRI, Son of Laxaman Giri, Resident of village Asudhan Mathia, P.S. Ayyer, District Bhojpur, At present Jay Prakash Nagar, Road No. 3, Ashiana, P.S. Rajeev Nagar, District Patna. ………Petitioner Versus THE STATE OF BIHAR ……..Opposite Party 04/- 02-11-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioner with an endorsement that in spite of search for several days, learned counsel for the informant could not be available to serve the copy. Petitioner is named accused in this case being husband of the complainant-informant carries allegations apart from other demands being impotent and taking undue advantage of the situation, non-petitioner the father was making an attempt to have such relationship with the complainant-informant. On previous occasion petitioner was directed to furnish medical certificate as regard to his fitness and now by way of supplementary affidavit such certificates have been produced and there is none to refute. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Kameshwar Giri, is directed to be released on bail on furnishing bail bond of Rs. - 2 - 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur in connection with Tiyar P.S. Case No. 63 of 2009, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)