IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32227 of 2010 BHAKUL RAM @ JAGGARNATH RAM, SON OF SRI BASUDEO RAM, RESIDENT OF VILLAGE – GOLA TOLA KADWA, P.S.-NAUGACHIA, DISTRICT- BHAGALPUR. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Amrendra Kumar (Adv.) For the State : APP. ----------- 03/ 27.10.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. Earlier prayer for bail of the petitioner was rejected on 19.05.2006 vide Cr. Misc. No. 20676 of 2006 considering the allegation that Usha Kumari aged 15 years prior to her death has alleged that she was raped and subsequently administered poisonous substance by Bhakul Ram @ Jaggarnath Ram and Pintu Kumar. Later on, she died and so the case was registered. Learned Counsel for the petitioner has submitted that police filed a requisition subsequently 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. On this basis, Sintu Kumar @ Sintu Ram has been granted bail by this Court vide Annexure-3. The petitioner is in custody since 18.06.2005. The mother of the deceased has 2 stated that the deceased prior to her death has named this petitioner and Sintu Kumar @ Sintu Ram who has been admitted to bail. Considering the facts and circumstances of the case, let the above named petitioner 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 learned Additional Sessions Judge Ist/court concerned, Naugachia at Bhagalpur in connection with Sessions Trial No. 1450 of 2005 arising out of Naugachia (Kadwa O.P.) 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. 3 (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. kksinha/- (Shyam kishore Sharma, J.)