IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25059 of 2010 SHIV SHAMBHU SINGH @ SHIV SHAMBHU KUMAR Versus STATE OF BIHAR ---------- 2. 06.8.2010. d Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Paliganj P.S.Case No.192 of 2009 for the offence punishable under section 376(G), 379 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that in absence of there being any internal injury on the person of the informant, no case under section 376(G) of the Indian Penal Code is made out against the petitioner. It is submitted that the informant being an adult, would have protested against the alleged offence. With reference to an order passed in a case of co-accused Pramod Kumar arising from Cr.Misc.No.6506 of 2010 dated 9.3.2010, it is submitted that this court considering the fact that the informant while making her statement under section 164 of the Code of Criminal Procedure did not name any of the accused, had granted bail to him and the case of the 2 petitioner standing on same and similar footing, also requires consideration by this Court. Taking into Consideration the circumstances and submissions of the learned counsel, let the petitioner Shiv Shambhu Singh alias Shiv Shambhu Kumar be released on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Danapur at Patna in connection Paliganj P.S.Case No.192 of 2009, subject to 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 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 the bail on the ground of misuse, and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be 3 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. (iv) The petitioner shall ensure his representation in the court below on each date fixed and the failure on his part to do so on two consecutive dates without reasonable explanation to the satisfaction of the court below would confer liberty to the court concerned to initiate proceeding for cancellation of his bail bonds and for taking him into custody. ahk (Jyoti Saran, J.)