IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32994 of 2010 KUNAL KUMAR, SON OF SRI SHANKAR SAH @ SHIV SANKAR SAH Versus STATE OF BIHAR ----------- 03 13.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner seeks his bail in connection with Patrakar Nagar P.S. Case No. 26 of 2010 initially, registered under Section 364 of the Indian Penal Code, but subsequently Section 302/34 of the Indian Penal Code was added. Although, petitioner is named in the First Information Report with allegation that he took away the informant’s son on 01.02.2010 but Para 2 of the case diary reveals that on 02.02.2010, informant had given a Sanha to the concerned Police Station disclosing the fact of missing of his son but he did not mention the name of the petitioner in the aforesaid Sanha nor disclosed this fact that he had a talk with his son in the evening of 01.02.2010. Admittedly, the instant case was lodged on 06.02.2010. Furthermore, during course of the investigation, the dead body of the informant’s son was found but admittedly, none of the person has claimed to have seen the actual killing of the deceased and except this material that some witnesses claimed to have seen the petitioner in the company of the deceased on 01.02.2010, there is nothing against the petitioner. In the aforesaid circumstance, above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Rachna Shrivastav, Judicial Magistrate, Ist Class, Patna in connection with above stated Patrakar Nagar P.S. Case No. 26 of 2010. In course of hearing, learned counsel for the petitioner points out that the case of the petitioner has already been committed to the court of Sessions. The petitioner shall attend the trial court on each and every date in person for the period of nine months and if he fails to do so without any valid reason, the learned trial Judge shall be at liberty to cancel the bail bond of the petitioner. It goes without saying that if the trial of the petitioner is not concluded within the above stated nine months, the condition as stated above shall lost its force. Shahzad (Hemant Kumar Srivastava, J )