IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45431 of 2009 1. MD.MOFIJ, son of Maniruddin 2. BALDEO RAI @ BALDEO son of Mano Ram Rai Versus STATE OF BIHAR ----------- 02. 08.01.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 363, 366, 323, 379 of the Indian Penal Code. Taking into consideration the fact that it is only an attempt to commit kidnapping of the victim who herself is a school teacher and it is being submitted that in fact the occurrence took place on account of a failed love affairs between the victim and co-accused Tanveer Alam, let the petitioner who has no criminal antecedent, be released on bail on furnishing bail bond of Rs. 5000/-(five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Pothiya P.S. Case No. 77 of 2009, 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 2 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 the 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. Shageer (Anjana Prakash, J)