IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23431 of 2010 CHAMO PARIHAR . Versus STATE OF BIHAR . ----------- 03/ 05.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under sections 376, 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that there are three accused persons out of whom one with exactly similar allegation namely Lattoo Parihar has been released on bail by a bench of this court dated 03.09.2010 in Criminal Miscellaneous No. 29638 of 2010. 4. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let petitioner, namely Chamo Parihar be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Kadwa, P. S Case No. 153 of 2009 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, (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 - 2 - 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, (v) 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. Ranjan (S. N. Hussain, J.)