IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13101 of 2010 KAMLESH SINGH SON OF SRI MAHENDRA SINGH Versus STATE OF BIHAR ----------- 2. 28.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 376 and 379/34 of the Indian Penal Code. Even though in the first information report, the allegation against the petitioner was of having committed rape upon the informant, but later on she resiled from her earlier statement and filed a compromise petition in the court below. In view of such, let the petitioner above named, who is in custody since 26.11.2009, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bhojpur at Ara in Sadar P.S.case No.27 of 2009, subject to the 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 the address of 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 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 - 2 - 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. The Magistrate concerned before releasing the petitioner on bail will notice the informant and confirm that she has resiled from her earlier statement. The Magistrate concerned is also directed to immediately commit the case to the court of Sessions for trial and the trial court, in seisin of the case, will expedite the trial in view of the expected final out come to the case. Narendra/ ( Anjana Prakash, J. )