IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10085 of 2011 Sanjay Kumar Yadav @ Sanjay Yadav, son of Rambalak Yadav Versus The State Of Bihar ---------------------------------- 4. 24.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366A/34 of the Indian Penal Code. The petitioner was refused bail by an order dated 24.9.2010 since his name has been mentioned in the First Information Report as one of the persons who had kidnapped the victim. The prayer for bail has been renewed on the ground of long incarceration and undue delay in trial. An explanation was called for from the Court below from which it appears that only recently i.e. on 9.6.2011 the case was committed to the Court of Sessions. Considering the delay in trial as also the fact that there is no allegation against the petitioner of having sexually molested the victim and he has fair 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Paharpur (Malahi) P.S. Case No. 72 of 2008, subject to the following conditions: (i) That one of the bailors will be a close relative of 2 the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the 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 the ground 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.)