IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25810 of 2010 PUROSHOTTAM JAIN SON OF SRI RAMDAS SAO Versus THE STATE OF BIHAR ----------- 4. 30.9.2010 Learned Counsel for the petitioner is permitted to make correction in the prayer portion of the petition. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence u/ss.147, 148, 149, 457, 380 and 376 of the Indian Penal Code. The petitioner is said to have committed rape upon a lady while her husband was not there. During investigation some witnesses stated that they had come on hulla and had seen a number of miscreants fleeing away and identified the petitioner. The other set of witnesses have stated that in fact the petitioner and the husband of the prosecutrix were very good friends and had business together, on account of which they were some financial transactions and it was suspected that on account of some differences between the two the present case had been instituted. It has been submitted that even though in the First Information Report there is an allegation that the petitioner had left behind his jacket and photographs etc. along with the motorcycle’s key but the seizure list does not show the recovery of key nor was the motorcycle recovered from the 2 vicinity where the occurrence took place. In view of such, let the petitioner above named, who is in custody since 29.4.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional District and Sessions Judge No.IV, Hilsa, Nalanda in Hilsa P.S.case No.26 of 2010, subject to the conditions (i) That one of the bailor 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 change in address of the petitioner and (ii) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In case the petitioner is found to be tampering with the evidence, immediate steps shall be taken for initiation of proceeding for cancellation of bail. Narendra/ ( Anjana Prakash, J. )