IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41540 of 2009 BISHNU YADAV Son of Umesh Yadav Petitioner Versus STATE OF BIHAR ----------- 02 01.12.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363 and 366A of the Indian Penal Code. Taking into consideration the facts that there are materials to suggest that in fact the occurrence has taken place with consent and there is no allegation of any sexual assault upon the petitioner, let the petitioner who is in custody since 16.8.2009 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 the Addl. Sessions Judge FTC No. IV, Banka in Sessions trial no.987/2009 arising out of Rajoun P.S. Case no. 116 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 (ii) 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 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 (iii) that the petitioner will be represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. It has been stated that the petitioner is not accused in any other case of kidnapping which fact will be verified by the Magistrate - 2 - concerned before release of the petitioner. shahid (Anjana Prakash, J)