IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16390 of 2010 PINTU SAH @ PRAKASH KUMAR GUTPA, S/o Dinesh Sah. Versus THE STATE OF BIHAR ----------- 02. 18.05.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Section 366A of the Indian Penal Code. Considering that the girl who was opined to be 17 to 18 years of age by the Doctor has stated in her statement under Section 164 Cr.P.C. that it was not a case of kidnapping rather she had gone with the petitioner voluntarily, 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, Saharsa in connection with Sour Bazar P.S. Case No. 288 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. The bailor will also undertake to inform the Court if there is any change in the address of the 2 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 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 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. The Magistrate is directed to immediately commit the case to the Court of Sessions and the trial court in view of the statement recorded under Section 164 Cr.P.C. will pass appropriate orders wherein offence is made out against the accused persons also. Vikash/- (Anjana Prakash, J.)