IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10943 of 2010 1. PRATIMA SINGH , wife of Yaswant Singh 2. Shivam Kumar @ Shivam Kumar Singh Son of Yaswant Singh Both residents of village Chhota Bariyarpur, P.S. Chhatauni, District East Champaran, Motihari …….. Petitioners Versus THE STATE OF BIHAR …… Opposite Party ----------- For the Petitioner : Mr. Dhurendra Kumar, Advocate For the State : Mr. Manish Kumar No. II, A.P.P. ------- 2 08.04.2010 Heard learned counsel for the petitioners and the learned A.P.P. for the State. The petitioners seek bail in a case registered under Sections 364/201/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that it would be apparent from the first information report itself that the son of the informant was working as helper in their house. However, allegedly the petitioners have informed the informant that his son has fled away and suspicion has been raised that son might have been abducted. It is submitted on behalf of the petitioner that even as per the allegation in the first information report that the son of the informant was working in the house - 2 - of the petitioners as helper. Thus, there is no question of abduction and there would be no motive of abduction as well. However, since they boy has fled away the petitioners are being victimized. It is submitted that during the course of trial the informant has already been examined and except suspicion, nothing has emerged in his examination. He has also accepted that the boy concerned was of weak mind and it is not known to him as to what actually had happened. On the pretext of that suspicion the entire family of the petitioners are languishing in jail. Petitioner no. 1 and petitioner no. 2 are stated to be in custody since 28.6.2008 and 19.6.2008 respectively . In the facts and the circumstances of the case, the petitioners abovenamed are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 9th Addl. Sessions Judge, East Champaran at Motihari in connection with S.Tr. No. 55 of 2009 arising out of Motihari Town P.S. Case No. 89 of 2007, with a further condition that one of the bailors of the each petitioner must be a close relative or - 3 - family member of the concerned petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with him. Further the petitioners shall remain present on each and every date during the course of trial. If they fail to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioners. Spd/- (Dr. Ravi Ranjan, J.)