IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17419 of 2010 MAHESH SINGH, S/o Late Chandeshwar Singh. Versus THE STATE OF BIHAR ----------- 04. 19.07.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Section 365/34 of the Indian Penal Code. It has been submitted that from the narrative of the First Information Report it appears that the son of the informant had been kidnapped by some persons but later on released. However, from the case diary it appears that there is land dispute between the parties and to grab the lands of the informant accused were terrorizing her so that she would flee away from the village. However, considering that there is no specific overt act against the petitioner and the alleged kidnapped boy has returned without any payment of extortion, 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 Additional Chief Judicial 2 Magistrate, Hilsa, Nalanda in connection with Chandi P.S. Case No. 161 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 and the other bailor shall be the wife of the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (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. (iv) 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. 3 The Officer In-charge, Chandi P.S. is directed to keep a watch on the petitioner’s conduct for the next eighteen months so that he does not terrorize the informant or her son in any manner. In case there is any complaint against the accused persons of doing so, immediate action shall be taken against them with regard to the same. Let this order be communicated through FAX to Officer In-charge, Chandi P.S. through S.P. Nalanda. Vikash/- (Anjana Prakash, J.)