IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2243 of 2010 1. CHAITU MANJHI, S/O LATE BALESHWAR MANJHI 2. MALLU MANJHI, S/O MASUDAN MANJHI Versus STATE OF BIHAR **** /2/ 04.02.2010 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 376G and 34 of the Indian Penal Code. 3. In the first information report the victim alleged rape upon her by six accused persons, including the present petitioners, but, during trial she named petitioner no. 1, but, not petitioner no. 2 and further failed to identify any of the accused persons saying that they belong to another village. 4. Under the circumstances, let the petitioners, above named, who are in custody since 22.02.2008 be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Sessions Trial No. 695 of 2008 arising out of Bihta P.S. Case No. 340 of 2005 to the satisfaction of the Additional Sessions Judge, I, Patna, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is 2 related with the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/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 and (iii) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.A. (Anjana Prakash, J.)