IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3222 of 2010 SANTOSH PASWAN SON OF SIDH NATH PASWAN Versus STATE OF BIHAR ----------- 2. 09/02/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364A of the Indian Penal Code. In the written statement filed by Kapil Muni Sah father of the alleged victim, he has stated that he was an eye witness to the occurrence and had seen all the five miscreants but does not name the present petitioner who happened to be his Tractor driver at some earlier point in time. Later on, when the victim was recovered, he gave a statement under Section 164 Cr. P.C. disclosing the names of three persons including the present petitioner and specifically stating that he identified the petitioner as his driver. It is not explainable as to how the father of the victim did not name the present petitioner even though he was well known to him. Moreover, in the statement under Section 164 Cr. P.C. the victim has said that his kidnapping was for the purpose of marriage. In view of the above, let the petitioner above named, who is in custody since 5.6.2009 and against whom there is no other case of kidnapping pending, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) 2 with two sureties of the like amount each to the satisfaction of Sri K.P. Verma, Additional Sessions Judge 1st, Buxar, in connection with Sessions Trial No. 243 of 2009 arising out of Buxar (M) P.S. Case No. 27 of 2009 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. (ii)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 the ground of misuse. (iii)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. (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. S.Ali (Anjana Prakash, J.)