IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30998 of 2010 MANOJ TIWARY @ MANOJ KUMAR TIWARY S/O LATE LALLAN TIWARY Versus THE STATE OF BIHAR ----------- 3. 06.10.2010 Heard learned Counsel for the petitioner, counsel for the informant and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366 A/34/376 of the Indian Penal Code. The prosecution case is that the petitioner was suspected to have kidnapped the daughter of the informant. Submission is that in the First Information Report strangely it is stated that it was the petitioner and his cousin who gave information that the girl is in West Bengal. Subsequently when the girl was recovered she allegedly gave her statement recorded under Section 164 Cr.P.C. stating therein that she had been forcibly taken away by the petitioner and his brother and kept in a car packed nearby but surprisingly there is no eye witness to support this. Moreover the story appears to be doubtful since the girl is about 17 years of age and lifting her bodily would certainly arose 2 attention. Further even though the girl in her statement recorded under Section 164 Cr.P.C. stated that she was sold to one lady named Lalita Devi but the said lady brought her to the house of maternal uncle on the protest of meeting her friend. The submission of the learned counsel for the petitioner is that it appears to be a clear case of false implication on account of personal grudge. The learned counsel for the informant opposed the prayer for bail but is unable to meet the argument advanced by the learned counsel for the petitioner. Considering the facts as also that the petitioner has no criminal antecedent, 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 or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 135/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and the 3 other bailor shall be the brother of the petitioner. The bailor will undertake to furnish information to the Court about any change in address of 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 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 ground of misuse, (iv) 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, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Fahad. ( Anjana Prakash, J. )