ORDER :

1. Delay condoned.

2. The petitioner herein prayed for bail before the High Court in connection with the First Information Report dated 26 January 2023 registered with Bahera Police Station, Darbhanga, State of Bihar for the offence punishable under Section 366(A) read with Section 34 of the Indian Penal Code.

3. We take notice of a very unusual order passed by the High Court. The High Court vide order dated 25 July 2023 ordered release of the petitioner on bail, but subject to the condition that the surety shall be the victim. It is the case of the petitioner that it was practically impossible to ask the victim to stand as a surety.

4. In such circumstances, the petitioner preferred an application seeking modification of the condition. The modification application came to be rejected by the High Court vide order dated 12 January 2024.

5. In such circumstances, the petitioner is before this Court.

6. It is very unfortunate to note that because of such absurd condition imposed by the High Court, the petitioner although ordered to be released on bail way back in July 2023, yet is still languishing in jail.

7. Issue notice, returnable in four weeks.

8. The condition imposed by the Hig