IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26420 of 2009 KRISHNA SAH Son of Shri Gopal Sah, Resident of Village- Chhatauni Bazar, P.S.- Chhatauni, District- East Champaran ----------------Petitioner Versus STATE OF BIHAR ----------------Opposite Party ----------- 2. 26.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 376/511 of the Indian Penal Code. Taking into consideration the fact that in the charge sheet submitted vide Annexure-2, the investigating officer has specifically stated that the victim girl’s mother and the present petitioner they were both having love affairs and it is on account of this that this false case has been instituted and also the fact that the victim girl did not say anything to the police officer during investigation, let the petitioner above named who is in custody since 17.2.2009 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 the Chief Judicial Magistrate, Motihari in connection with Chhatauni P.S. Case No. 26/09, 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 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 and (iii) that the bailor shall also state on affidavit that he will - 2 - 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 P. Kumar (Anjana Prakash, J.)