IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29317 of 2009 UDAY MAHATO S/o Late Ramdhari Mahato, Resident of Village- Amarpur, P.S.- Naubatpur District- Patna ------------Petitioner Versus STATE OF BIHAR --------------Opposite Party ----------- 2. 12.8.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 376(2) G of the Indian Penal Code. Taking into consideration the fact that the victim girl in Sessions Trial No. 21 of 2004 held with respect to the other co- accused has resiled from her earlier allegations of rape and also considering that the petitioner has been in custody since 30.5.2005 in another case and therefore he did not delay the trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of the like amount each to the satisfaction of the Lalta Prasad, Judicial Magistrate, Ist Danapur, Patna in connection with Naubatpur P.S. Case No. 193/2003 on condition that the petitioner will give an undertaking that he will appear on every date and if he fails to do so on two consecutive dates his bail will be liable to be cancelled. P. Kumar (Anjana Prakash, J.)