IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.36918 of 2009 SUBODH PASWAN, S/O LATE DEO NARAIN PASWAN Versus STATE OF BIHAR **** /3/ 14.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 363 and 366A of the Indian Penal Code. 3. Taking into consideration the fact that the occurrence is said to have been taken place on 26.03.2009, but, the girl was recovered on 05.06.2009 and about the interim period she has merely stated that she had been confined by the present petitioner after having been kidnapped, which does not appear to be probable and the submission is that there is no allegation of sexual assault against the petitioner, let the petitioner, above named, who is in custody since 15.06.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Pakaridayal P.S. Case No. 21 of 2009 to the satisfaction of the Sub Divisional Judicial Magistrate, Sikrahana at Motihari, on the conditions (i) that one of the bailors will be a close relative of the petitioner who will give 2 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 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)