IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22238 of 2011 Naresh Mandal son of Prasadi Mandal Versus The State Of Bihar ----------- 2/ 02.08.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 376 of the Indian Penal Code. It has been submitted that on 12.05.2009, the father-in- law of the present complainant had instituted a complaint against the petitioner and others with regard to a dispute over land. The petitioner was granted anticipatory bail bythis Court vide Cr. Misc. No.18483 of 2010 by order dated 25.06.2010. It is thereafter on 22.08.2010 the daughter-in-law of Jibu Mandal, the complainant of the earlier complaint, has filed the present case with regard to rape having been committed upon her. It has further been submitted that in the facts of the case the complaint appears to be suspicious. In view of such, in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order, in connection with Complaint Case No.1303- C of 2010, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Jamui, subject to conditions as laid down under section 438 (2) Cr. P.C., and (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 bailors will undertake to furnish 2 information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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, (iii) 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 and (iv) 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. JA/- (Anjana Prakash,J.)