IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9835 of 2010 ASHRAF, SON OF LATE ABDUL HAMID. Versus THE STATE OF BIHAR ----------- 4. 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366A, 376 and 34 of the Indian Penal Code. Considering that even though in the First Information Report the allegation against the petitioner is that he had kidnapped the victim but when the said victim was recovered and her statement was recorded under Section 164 Cr. P.C., she stated that she was in love with the petitioner and wanted to live with him, let the petitioner above named, 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 6th Additional Sessions Judge, East Champaran, Motihari, in Sessions Trial No. 664 of 2009 arising out of Dhaka (Pachpakri) P.S. Case No. 145 of 2008 subject to the following 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. The bailor will undertake to furnish information to the court about any change in address of the petitioner. (ii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in 2 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. (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 to 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. S.Ali ( Anjana Prakash, J.)