IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3638 of 2010 DHANANJAY MANDAL SON OF HUKUMCHAND MANDAL Versus THE STATE OF BIHAR ----------- 3. 22.3.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 363, 366A, 323, 341, 504 and 342/34 of the Indian Penal Code. In the first information report it has been stated that the petitioner and co-accused Sakendra Mandal restrained the informant while his sister was being kidnapped but when the victim was examined u/s.164 Cr.P.C., she did not mention the presence of the present petitioner and the case of occurrence as borne out from Annexure-2. In view of such, let the petitioner above named, who is in custody since 6.1.2010 and has no criminal antecedents, 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 Addl. Sessions Judge, F.T.C.V, Bhagalpur in S.T.No.887 of 2009 arising out of Pirpaity P.S.case No.33 of 2008, 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 bailor shall also state on affidavit that he will inform the court concerned if the - 2 - petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )