IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6730 of 2010 DHANNU SAHANI, SON OF LATE BASU SAHANI, RESIDENT OF VILLAGE-DHARAMPUR, P.S. MINAPUR, DISTRICT-MUZAFFARPUR, BIHAR……..PETITIONER. Versus THE STATE OF BIHAR……………..OPPOSITE PARTY. ------- For the Petitioner : Mr. Basant Kumar Tripathi, Advocate. For the State : Mr. U.S.P. Singh, A.P.P. -------- 3. 13.5.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered under Sections 364/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that firstly ‘Sanha’ was lodged by the informant without naming anybody, which is contained in Annexure-‘3’ to the application, however, subsequently, after three days, the First Information Report was lodged making allegation against the named accused persons including the petitioner. Learned counsel submits that the name of the petitioner was taken by the informant only on the basis of suspicion. - 2 - Further contention is that the other named accused persons have already been acquitted of the charges by the judgment of acquittal, which is contained in Annexure-‘5’ to the application. The petitioner is stated to be in custody since 12.10.2009 and is having clean antecedent. Having regard to the facts and the circumstances of the case, the petitioner, Dhannu Sahani, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Durgesh Mani Tripathi, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Hathauri P.S. Case No.30 of 2003 (G.R. No.935 of 2003), with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial, the court concerned would be at liberty to take steps for cancellation - 3 - of his bail bonds. P.S. (Dr. Ravi Ranjan,J)