IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11439 of 2010 RAM EKBAL SINGH Versus STATE OF BIHAR ----------- For the petitioner : Rajesh Kumar, Advocate For the State : Nityanand, A.P.P. 2. 15.4.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376, 511, 313/34 of the I.P.C. and cognizance has been taken under Sections 354 & 315 of the I.P.C. Considering the relationship between the parties and the submission that it is absurd to believe that two brothers with their wives would try to rape their own sister-in-law, let the petitioner above named who is in custody since 5.1.2010, 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 learned Chief Judicial Magistrate, East Champaran, Motihari in Complaint Case No. 627/07, 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. The bailor will undertake to furnish information to the court about any change in the 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 and (iii) 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 to do so - 2 - on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. MKchy ( Anjana Prakash, J. )