IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26691 of 2010 SINTU KUMAR @ SINTU RAM, S/o Rajo Ram @ Rajendra Ram. Versus THE STATE OF BIHAR ----------- 02. 10.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 376, 328 and 302/34 of the Indian Penal Code. The prosecution case is that when the informant returned to his house he saw that his daughter was in writhing in pain who disclosed that one Bhakul Ram and Pintu Kumar had committed rape upon her and administered two tablets on account of which she was in great pain. The deceased died in the hospital after having been removed there. After the institution of the First Information Report the police filed a requisition stating therein that it was not Pintu Ram but Sintu Ram who was the actual accused and it was the name of Sintu Ram which had been disclosed by the deceased. The submission of the counsel for the petitioner is that since the entire case is based on oral dying declaration there is no further scope of any correction or modification in the name of the accused persons. Also the petitioner is in custody since 21.10.2005 and uptill now only four 2 witnesses have been examined. In view of such, let the petitioner, above named 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 District & Sessions Judge, Naugachia in connection with S.Tr. No. 909 of 2006 arising out of Naugachiya (Kadwa) P.S. Case No. 162 of 2005 subject to the following 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 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 petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)