IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6506 of 2010 PRAMOD KUMAR, son of Sri Ramesh Yadav Versus THE STATE OF BIHAR ----------- 2/ 09.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 376-G, 379 and 120-B of the Indian Penal Code. In the First Information Report, the informant alleged that on 19.8.2009, when she had come to recharge her mobile, the driver of a BOLERO car, namely, Shiv Shambhu along with two others, namely the present petitioner and unknown persons committed rape upon her and fled away. Thereafter, she went to the police station and instituted the present case. On 20.8.2009, the informant gave statement under section 164 Cr. P.C. but did not mention names of any accused persons. However, she mentioned that one of the miscreants was caught on chase. It is surprising that even though the victim has stated that one miscreant was caught on chase, there is no mention of the same in the First Information Report. It is specifically asserted that the petitioner was not the person, who was caught on chase and in fact, he is behind bar since 22.8.2009. From the format of the First Information Report, it appears that First Information Report was received in the court on 20.8.2009, meaning thereby that had the petitioner been arrested there and then, he would have been remanded to custody on that date itself. The victim was medically examined two days later but the doctor did not find any external injury on her and submission is - 2 - that had any force been used, she being the adult would have protested and sustained injury on her person. Under the circumstances, let the petitioner, above named, who is in custody since 22.8.2009, 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 the Additional Chief Judicial Magistrate, Danapur, in connection with Paliganj P.S. case no.192 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 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, (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, 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. JA/- (Anjana Prakash, J.)