IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21298 of 2010 ARUN KUMAR GUPTA, S/o Jhakas Sah @ Jhakash Gupta. Versus THE STATE OF BIHAR ----------- 02. 28.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 366 and 376/34 of the Indian Penal Code. It has been submitted that when the alleged victim was recovered she gave her statement under Section 164 Cr.P.C. explaining the manner in which the co-accused had committed excesses upon her. However, about the petitioner it was stated that he being the brother of co-accused Bhim Shankar Gupta had in fact come to her rescue and spoken for her. In view of such, let the petitioner, above named who is in custody since 20.01.2010 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 Additional Sessions Judge, F.T.C.-V, Saharsa in connection with S.Tr. No. 68 of 2010 arising out of Sour Bazar P.S. Case No. 247 of 2009 subject to the following conditions:- (i) 2 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not 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. Vikash/- (Anjana Prakash, J.)