IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17115 of 2011 Panchdeo Rai, Son of Late Babulal, Resident of Village Bareja Ke Tola, P.S. Daudpur, District Saran. ---------- Petitioner Versus The State Of Bihar. -------- Opposite Party ----------- 03/- 29/08/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 323, 364 and 504 of the Indian Penal Code, is one of the named accused in this case, instituted on basis of Complaint Case No. 2799 of 2008 filed on 01.09.2008 for the occurrence dated 25.08.2008 (Monday) in the morning at about 8.30 A.M. with allegation of kidnapping of minor son of the complainant-informant, who herself has seen the occurrence and forcibly taking out of her son by all the seven named accused persons. Submission is that in spite of allegedly being an eye- witness of the occurrence, no step was taken. Moreover, the victim roughly after three months has voluntarily appeared and made statement recorded under Section 164 of the Code of Criminal Procedure, though said about his kidnapping, but without any other details. Even in the case diary, there is nothing about his recovery by the police, which is asserted in his statement. Learned Additional Public Prosecutor after going through the case dairy up to paragraph 2 nos. 98 dated 17.03.2011 failed to refute any such assertion. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Chapra, in connection with Daudpur P.S. Case No. 65 of 2008, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)