IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26446 of 2009 MALLU KHALIFA @ HABIB @ MALLU, S/o Md. Anwar. Versus THE STATE OF BIHAR ----------- 04. 21.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 372, 373, 366A, 366 and 376(G) of the Indian Penal Code and Sections 4, 5, 6, 8 and 9 of the Immoral Traffic Act. The first informant states about the disappearance of the sister of Md. Sonu five years ago and who in the course of looking for his sister, Nilam Kumari found her allegedly in the house of the present petitioner. However, the said Nilam was not examined under Section 161 Cr.P.C. but she appeared before the court below and filed affidavits with photographs, stating that, in fact, she lived in her own rented house with her parents and the petitioner was, in fact, not using her for immoral trafficking. Annexure-5 is a sanha which the petitioner had filed against the local police, and therefore, it is submitted that as a backlash the petitioner and her husband have been implicated on trumped up charges. It appears that other co-accused persons have been granted anticipatory bail by this Court vide - 2 - Annexure-3. So, let the petitioner above named who is in custody since 17.03.2009 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 Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 387 of 2008 subject to the following 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 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. (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 on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)