IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.301 of 2010 SHATRUGHAN SAHNI, SON OF NANDU SAHNI Versus STATE OF BIHAR ----------- 3. 07/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364(A) and 34 of the Indian Penal Code. The prosecution case is about the alleged kidnapping of a nine year old child of the Informant for purposes of demand of ransom by the Compounder of the Doctor and the other unknown accused persons. The boy subsequently was recovered and his statement was recorded under Section 164 Cr. P.C. but he did not name the present petitioner. However, since the petitioner happens to be the uncle of Chandrashekhar Sahni, i.e. the Compounder of the Informant, he has been named during investigation since the material that has transpired against him is that the said Chandrashekhar after releasing the boy in the custody of other co-accused persons had taken shelter in the house of the petitioner. However, there is no material to suggest that the petitioner was in any way involved in either kidnapping or demand of ransom. In view of such, let the petitioner above named, who is in custody since 2.6.2009 and has no criminal antecedents, 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, Muzaffarpur, in Motipur - 2 - P.S. Case No. 68 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 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 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. (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. S.Ali (Anjana Prakash, J.)