IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42357 of 2009 KAMESHWAR YADAV, S/o Hajari Yadav. Versus THE STATE OF BIHAR ----------- 04. 04.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 366A and 120B/34 of the Indian Penal Code. In the First Information Report the informant alleged that his daughter left her house at mid-night to urinate and did not come back and therefore he alleged that in the background of an earlier relation- ship between the parties his daughter had been allegedly kidnapped by the present accused persons. It has been submitted that the petitioner along with his daughter has been made accused in this case because the petitioner’s daughter was a friend of the alleged victim and there is no material to support that in fact the petitioner participated in the occurrence. Under the circumstances, let the petitioner above named who is in custody since 30.10.2009 and has no criminal antecedent be released on bail on - 2 - furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Bisfi P.S. Case No. 246 of 2009 (G.R. No. 2603 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 affidavit shall clearly state that the petitioner is not accused in any other case and if he is he shall not be released on bail. (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. Vikash/- (Anjana Prakash, J.)