IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19198 of 2010 PRAMOD KUMAR, SON OF SRI MOHIT RAI Versus STATE OF BIHAR ----------- 3. 09.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364/34 of the Indian Penal Code. It has been submitted that before the present case was instituted, a Sanha was given by the Informant stating therein that the deceased left alone on his motorcycle but thereafter, in the First Information Report it was alleged that the deceased had left with the accused persons. The submission is that in the facts of the case, it would not be a case under Section 364 I.P.C. since there is no element of kidnapping. The further submission is that there is no eye witness to the occurrence and the entire case is based only on the confessional statement. It has been asserted that the petitioner was accused in a case instituted under SC/ST Prevention of Atrocities Act in which he has already been acquitted. In view of such, 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 Chief Judicial Magistrate, Vaishali at Hajipur, in Baranti (Rajapakar) P.S. Case No. 109 of 1999 subject to the following conditions: (i)That one of the bailors will be a close 2 relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in 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. The fact that the petitioner is not an accused presently in any other case will be verified by the Magistrate before releasing the petitioner on bail. S.Ali ( Anjana Prakash, J.)