IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25720 of 2011 Dharmendra Sahni, son of late Laxman Sahni. Versus The State Of Bihar ---------------------------------- 4 20.12.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 366A/34 of the Indian Penal Code. The prosecution case is that the daughter of the informant was kidnapped by the petitioner and others. Soon thereafter the alleged victim was seen in the Chowk area from where the petitioner who is a young boy was arrested with the victim girl. No doubt, the victim stated that she was being taken by the petitioner and others for purposes of marriage against her will but in the facts of the case, it does not appear to be believable. The alleged victim is said to be above 15 years of age. Considering the same, 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 below to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Mushahari P.S. Case No. 08 of 2011 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. The bailors will undertake to furnish information to the court about any change in the address of the 2 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 bailors shall also state on affidavit that they 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 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, and (v) 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. Md. Ibrarul ( Anjana Prakash, J.)