IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19734 of 2010 JITENDRA YADAV @ KARIMAN YADAV, SON OF SRI RAM LAKHAN YADAV Versus STATE OF BIHAR ----------- 2. 24.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 376(2) of the Indian Penal Code. The petitioner was refused bail earlier by an order dated 26.8.2009 vide Cr. Misc. 28100 of 2009 considering the statement of the girl in the First Information Report as well as given under Section 164 Cr. P.C. It has been submitted that now the trial is going on in which the victim has been examined as PW-2 but did not support the case of prosecution. In view of such, let the petitioner above named, who is in custody since 18.1.2009, 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 1st Additional Sessions Judge, (Special Judge), Gaya, in Sessions Trial No. 67 of 2009 arising out of Kothi P.S. Case No. 2 of 2009 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 and the other shall be the father of the petitioner. The bailor will 2 undertake to furnish information to the court about any change in address of 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 be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)