IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21677 of 2010 AKSHAY KUMAR YADAV @ RUDAL YADAV son of Bidhya Rai Versus STATE OF BIHAR ----------- 2/ 02.07.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 366-A, 120-B/34 and 376 of the Indian Penal Code. In the First Information Report, allegation against the petitioner is that he kidnapped the daughter of the informant. When the victim was examined she stated that she was 15 years of age and she had been taken away forcibly by the petitioner and co-accused and kept in the house of petitioner’s aunt where she did not protest. Thereafter the petitioner and victim came to the police station after which the petitioner was locked up and the informant was called. From the narrative of the First Information Report, it does not appear to be a case of kidnapping. In view of such, 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 the Additional Sessions Judge, 12th, Patna, in connection with Sessions Trial No. No.546 of 2010, 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 - 2 - any change in the address of 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 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. JA/- (Anjana Prakash, J.)