IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12736 of 2010 MD. MAZID ANSARI SON OF SHAHAB ANSARI Versus STATE OF BIHAR ----------- 4. 23.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376 and 323/34 of the Indian Penal Code. In the first information report the complainant/informant has alleged that the petitioner had entered into her house at 4 A.M. in the morning and committed rape upon her, but when she was examined during investigation she stated that at 10 P.M. when she was going for some ceremony, she was taken by the petitioner to some house and thereafter raped. The submission is that in fact no occurrence had taken place and there was some talk of marriage between the petitioner and the complainant, which failed and thereafter the present case has been instituted on trumped-up charges. In view of such, let the petitioner above named, who is in custody since 7.12.2009 and has fair antecedents, 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif in Giriak P.S.case No.103 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. The bailor will undertake to furnish information to the court about any - 2 - change in the address of 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. Narendra/ ( Anjana Prakash, J. )