IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8538 of 2010 ARUN KUMAR, SON OF ANISH MAHTO Versus STATE OF BIHAR ----------- For the petitioner : Mr. Sunil Kumar, Advocate For the State : Md. Ansarul Haque, A.P.P. -------- 3. 09/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 363, 366A and 376 of the Indian Penal Code. In the First Information Report, the father of the victim had reported about his daughter having been enticed away by the present petitioner. During investigation, the relatives of the victim disclosed that the kidnapping had been done for purposes of marriage. When the girl was recovered, her statement was recorded under Section 161 Cr. P.C. on 31.10.2008 but she did not allege any sexual assault upon herself. On 19.12.2008 the victim was once again examined under Section 161 Cr. P.C. wherein she alleged rape upon herself. In the meanwhile, even though the victim has been noticed for her medical examination as well as for her statement to be recorded under Section 164 Cr. P.C. but she did not appear before the Investigating Agency. In view of such, let the petitioner above named, who is in custody since10.12.2008, 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 Additional Chief Judicial - 2 - Magistrate, Danapur, Patna, in Paliganj P.S. Case No. 211 of 2008 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. S.Ali (Anjana Prakash, J.)