IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.6254 of 2010 ARVIND MAHTO, son of Ramchandra Mahto Versus STATE OF BIHAR ----------- 2/ 03.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 366, 366-A and 380/34 of the Indian Penal Code. The petitioner is named in the First Information Report as being the person, who used to reside in front of the house of the informant, and on the day of Chath festival suddenly his daughter disappeared and somebody told him that he has seen the present petitioner and the girl going on a jeep towards Chapra. There are certain documents annexed with the present petition to suggest that in fact it is a case of love affairs and the girl, who is aged about 19 years, had in fact contracted marriage with the present petitioner. However, she denied the same in her statement recorded under section 164 Cr. P.C., probably, on the pressure of her parents since in the said statement she stated that she did not know the present petitioner at all, whereas, the informant has sated the exact opposite. In view of such, let the petitioner, above named, who is in custody since 6.11.2009, 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 the Chief Judicial Magistrate, Saran at Chapra, in connection with Baniyapur P.S. case no.177 of 2009, subject to the conditions (i) that one of the bailors will be a close relative of the - 2 - 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, and (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. JA/- (Anjana Prakash, J.)