IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22734 of 2010 DHEERAJ KUMAR RAI, SON OF SRIBIRJDEV RAI Versus THE STATE OF BIHAR ----------- 2. 13.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366A and 34 of the Indian Penal Code. It has been submitted that even though it was alleged that the petitioner had kidnapped the daughter of the Informant but when her statement was recorded under Section 164 Cr. P.C., she claimed herself that she had married the petitioner out of her own sweet will. There are documents also to suggest that they had married in the court. In view of such, 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 Chief Judicial Magistrate, Begusarai, in Bhagwanpur P.S. Case No. 2 of 2010 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 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 petitioner will give an 2 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. (iv) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate is directed to immediately commit the case to the court of Session and the trial court will pass appropriate order as to whether any offence is made out against the petitioner in view of the statement of the victim recorded under Section 164 Cr. P.C. S.Ali ( Anjana Prakash, J.)