IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35920 of 2009 BUTTAN MISTRY Versus STATE OF BIHAR ----------- 2 19.11.2009 Heard learned counsel for the petitioner and the State. Petitioner is accused in a case instituted for the offence under sections 376/511 of the Indian Penal Code. Taking into consideration the fact that there was earlier dispute between the parties and the present case has been instituted by a full grown adult lady alleging attempt to commit rape by the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two sureties of like amount each to the satisfaction of C.J.M, Katihar, in connection with Korha P.S. case No. 268 of 2007, subject to the conditions 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 and further 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 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 further 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 - 2 - bail will be liable to be cancelled for reasons of misuse. (Anjana Prakash, J) M.Rahman