IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31983 of 2010
1. RAVINDRA PASWAN S/O RAJBALAM PASWAN
2. MADAN PASWAN S/O RAJBALAM PASWAN
Versus
STATE OF BIHAR
-----------
2. 24.09.2010 Heard learned Counsel for the petitioners
and the State.
The petitioners seek bail in a case instituted
for the offence under Sections 366 (A)/34 of the
Indian Penal Code.
It has been submitted that from the order of
the Sessions Judge in bail petition of the co-accused
it has been noted that the medical report had opined
that hymen is found intact indicating that no sexual
assault had been made upon the victim who is major.
Considering the same, let the petitioners
above named, be released on bail on furnishing bail
bond of Rs. 5,000/-(Five thousand) each with two
sureties of the like amount each or any other surety
to be fixed by the court concerned to the satisfaction
of learned Chief Judicial Magistrate, Aurangabad in
connection with Aurangabad (Town) P.S. Case No.
24/2010, subject to the conditions, (i) That one of the
bailor will be a close relative of the petitioners who
2
will give an affidavit giving genealogy as to how he is
related with the petitioners. The bailor will undertake
to furnish information to the Court about any change
in address of the petitioners. (ii) That the affidavit
shall clearly state that the petitioners are not an
accused in any other case and if they are they shall
not be released on bail, (iii) That the bailor shall also
state on affidavit that he will inform the court
concerned if the petitioners are implicated in any
other case of similar nature after their release in the
present case and thereafter the court below will be at
liberty to initiate the proceeding for cancellation of
bail on ground of misuse, (iv) That the petitioners will
give an undertaking that they will receive the police
papers on the given date and be present on date fixed
for charge and if they fail to do so on two given dates
and delays the trial in any manner, their bail will be
liable to be cancelled for reasons of misuse, (v) That
the petitioners will be well represented on each date if
they fail to do so on two consecutive dates, their bail
will be liable to be cancelled.
Fahad. ( Anjana Prakash, J. )