IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31912 of 2010 SANJAY KUMAR SAH SON OF PULKRIT SAH, RESIDENT OF MOHALLA LANGARA GAGAN, SAHEB PARA, P.S. KATIHAR, DISTRICT KATIHAR. --- PETITIONER. Versus STATE OF BIHAR—OPP. PARTY. ----------- 2/ 01-09-2010 Heard the parties. In a criminal prosecution registered under sections 384 and 506 of the Indian Penal Code, some unknown accused persons are alleged to have demanded ransom from the informant through a mobile. It is submitted that the petitioner is not named in the F.I.R. as an accused and admittedly, amount of ransom has not been paid by the informant. It was merely a demand and, therefore, offence under section 384 of the Indian Penal Code shall not be attracted in the present case. It is also submitted that during the course of investigation merely on suspicion the petitioner has been arrayed in the category of accused. The alleged confessional statement of the petitioner recorded by the police has no evidentiary value. The petitioner is in judicial custody since 22.07.2010. It is also stated that there is no other criminal case pending against the petitioner. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial 2 Magistrate, Katihar in connection with Katihar (Town) P.S.Case No. 243 of 2010 subject to conditions that : (A) one of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. BTiwary/ ( Birendra Prasad Verma, J.)