IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13858 of 2010 TOLI ANSARI @ ASGAR ANSARI S/O LATE SHYAM MOHAMMAD ANSARI Versus THE 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 Sections 364A, 384, 323, 366A and 376/34 of the Indian Penal Code. It has been submitted that even though in the complaint instituted by the victim herself she has alleged that she was kidnapped by the accused persons, but it appears from the documents annexed that three days before the occurrence in fact there was a Panchayati with regard to the love affairs between the victim and the petitioner and it was resolved that they would not continue the affair since the parents were opposed to it. Thereafter this present occurrence is said to have taken place and the case had been instituted. Considering the same and also the fact that the petitioner is in custody since 15.10.2009, 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 S.D.J.M., Vikaramganj (Rohtas) in Nasriganj P.S.case No.6 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the - 2 - 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 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 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. )