IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3923 of 2010 JITENDRA GOSWAMI, S/O LATE BINDESHWARI GOSWAMI Versus STATE OF BIHAR **** /2/ 03.02.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 341, 323, 376 and 379 of the Indian Penal Code. 3. The petitioner was refused bail earlier by an order, dated 30.10.2009, vide Cr. Misc. No. 36768 of 2009 since there was an allegation against the petitioner and two other persons of having committed rape upon the prosecutrix. While hearing the bail application Mukesh Kumar Pandey, the co- accused, certain documents were brought on record showing that there was pending litigation between the co-accused, Mukesh Kumar Pandey and one Kamlesh Pandey in whose house the prosecutrix was working as a maid and he along with his brother were charge sheet witnesses in the two cases filed by him. 4. In view of the fact that there is similar allegation against the petitioner being the companion of Mukesh Kumar Pandey and there is underlying litigation between the parties, let the petitioner, above named, who is in custody since 11.09.2008 also be released on bail on furnishing bail bond of 2 Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Bihta P.S. Case No. 152 of 2008 to the satisfaction of the Judicial Magistrate, 1st Class, Danapur, on 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 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, (iii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his 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 (iv) 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 on two given dates and delays the trial in any manner then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)