IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22360 of 2010 ARUN KUMAR MATHURI, SON OF LATE SHIBALAK RAM MATHURI Versus STATE OF BIHAR ----------- 2. 09.07.2010 Supplementary affidavit filed today, be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376, 323, 504 and 34 of the Indian Penal Code. It is alleged in the First Information Report that she was raped by the brother-in-law (Sala) of her brother on account of which she instituted the present case against her brother, brother’s sister-in-law and two of the brother’s brother- in-law. Later on the Informant filed a petition before the court below stating therein that in fact, she has instituted the present case at the instigation of her husband against whom he had earlier filed a case under Section 498A and it was dictated by him that only if she not files a false case against the brother and other family members who had given a shelter, he would keep her. In view of such, let the petitioner above named, who is in custody since 19.5.2010, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the 2 like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in Parsa Bazar P.S. Case No. 213 of 2009 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 undertake to furnish information to the court about any change in address of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (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. (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. S.Ali ( Anjana Prakash, J.)