IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12207 of 2010 RESHAM LAL DAS S/O LATE BHUBHNESHWAR DAS Versus THE STATE OF BIHAR ----------- 2. 21.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 341 and 376/34 of the Indian Penal Code. No doubt there is direct allegation against the petitioner of having raped the informant, who supported the same in her statement u/s.164 Cr.P.C., but the medical report does not support the same and the submission is that it is absurd to believe that the petitioner with his son and other relatives would together commit rape upon a lady. The further submission is that there is dispute with regard to a passage between the parties. In view of such, let the petitioner above named, who is in custody since 21.1.2010 and has no criminal antecedents, 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 Chief Judicial Magistrate, Saharsa in Saharsa Sadar P.S.case No.358 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 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 and (iii) - 2 - 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. Narendra/ ( Anjana Prakash, J. )