IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45685 of 2009 1. GOPAL GOSHWAMI, son of Late Jageshwar Goswami 2. NAKUL GOSHWAMI, son of Late Kaleshwar Goshwami 3. SAHDEO GOSHWAMI, son of Late Kaleshwar Goshwami Versus STATE OF BIHAR with Cr.Misc. No.45686 of 2009 TULSI GOSWAMI, son of Arjun Goswami Versus STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 364, 366, 120B of the Indian Penal Code. Taking into consideration the fact that victim herself was about 45 years of age and there was a title suit pending between the parties and it is improbable that the maternal uncles jointly would commit rape, let the petitioners above named who have no criminal antecedent, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Dhoraiya(Dhankund) P.S. Case No. 45 of 2007 (arising out of Complaint Case No. 230 of 2007), 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 (ii) that the affidavit 2 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 (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. Shageer (Anjana Prakash, J)