IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4250 of 2010 ASHUTOSH KUMAR PANDEY SON OF RAMESHWAR PANDEY Versus STATE OF BIHAR ----------- 2. 16.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364A/34 of the Indian Penal Code. In the first information report it has been stated that the victim boy, aged about 9 years, left with the present petitioner, who happens to be the maternal uncle of the victim and thereafter the informant learnt that the petitioner was lying unconscious near an orchard. When the informant went there, he tried to revive the petitioner, who disclosed that two unknown persons had taken away the victim boy. Thereafter on the next day the victim was recovered from the maternal grand-parent’s house and he gave statement u/s.164 Cr.P.C stating that his elder maternal uncle had taken him away and when the present petitioner had resisted he was scolded by the elder maternal uncle, meaning thereby that the petitioner was not involved in kidnapping of the victim. Under the circumstances, let the petitioner above named, who is in custody since 28.9.2009, 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 Addl. Sessions Judge, F.T.C.I, Kaimur at Bhabua in Ramgadh P.S.case No.100 of 2009 (S.Tr.No.270 of 2009), subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an - 2 - 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 of bail 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. Narendra/ ( Anjana Prakash, J. )