IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44166 of 2009 MAHENDRA YADAV SON OF SRI SURESH SINGH YADAV Versus THE STATE OF BIHAR ----------- 3. 7.1.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 3, 4, 5 and 6 of the Immoral Traffic Act. It has been submitted that even though initially it was made out that the victim was being pushed into flesh trade and she supported this fact in statement u/s.164 Cr.P.C., but later on she is said to have filed a compromise petition along with the present informant in the court below. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 16.9.2009, 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 C.J.M., Rohtas at Sasaram in Chenari P.S.case No.78 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 - 2 - bail on the ground of misuse of bail 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, his bail will be liable to be cancelled for reasons of misuse. Before releasing the petitioner on bail the Magistrate concerned will notice the victim Sabnam and the informant and satisfying himself that in fact a compromise has been arrived at between the parties. Narendra/ ( Anjana Prakash, J. )