IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12026 of 2010 SANTOSH KUMAR RAM @ DALDALVA @ DABLUA SON OF JOGU RAM Versus STATE OF BIHAR ----------- 3. 29.6.2010 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. The petitioner was not named in the first information report but subsequently his complicity arose on the statement of the victim, who was examined u/s.164 Cr.P.C. It has been submitted that the victim when examined during trial failed to identify the petitioner, upon which a report was called for from the trial court, who has also certified that the victim did not identify the petitioner. In view of such, let the petitioner above named, who is in custody since 29.7.2000, 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 Sri R.P.D. Dubey, Additional Sessions Judge III, Begusarai in S.Tr.No.23 of 2001 arising out of Teghra P.S.case No.78 of 2000, subject to the conditions (i) That one of the bailors shall be the father/wife of the petitioner and the other bailor will be a close 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 the address of the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court - 2 - 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 (iii) 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. Narendra/ ( Anjana Prakash, J. )