IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27140 of 2009 1. ASHOK YADAV SON OF RAMJEE SINGH YADAV 2. GUDDU PASI SON OF PARSURAM PASI Versus STATE OF BIHAR ----------- 3. 20.11.2009 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 364 of the Indian Penal Code. The case diary was called for in this case, which reveals that one of the women, who was also being interrogated on account of disappearance of the alleged deceased revealed that the petitioner no.1 had assured her that nothing would happen to her since he was the person who was responsible for killing the alleged Guddu. Under the circumstances, I am not inclined to grant bail to the petitioner no.1 Ashok Yadav. His prayer for bail is rejected. So far as the petitioner no.2 is concerned, the only allegation against him in the first information report is that he was one of the persons, who had taken away the deceased but since this is not strictly a case of kidnapping, let the petitioner no.2, above named, who is in custody since 24.12.2008, 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 Sub Divisional Judicial 2 Magistrate, Bikramganj, Rohtas at Sasaram in Nashriganj (Rajpur) P.S.case No.183 of 2008, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit 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 and (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. The court below is directed to expedite the trial. Narendra/ ( Anjana Prakash, J. )