IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41479 of 2009 TUNTUN YADAV . S/o Kaleshwar Yadav Petitioner Versus STATE OF BIHAR Opp. Party ----------- 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 365,366A, 323 and 504 of the Indian Penal Code. Taking into consideration the statement of the prosecutrix aged about 17 years that it was not a case of kidnapping and in fact, she had gone to her uncle to avoid her marriage with old man and for prosperous education, let the petitioner who is in custody since 15.7.2009 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 Chief Judicial Magistrate, Begusarai in Begusarai Town P.S. Case no. 222 of 2005 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 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 (iii) 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. shahid (Anjana Prakash, J)