IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45838 of 2009 KAMLESH SINGH, S/o Bhola Singh. Versus THE STATE OF BIHAR ----------- 04. 22.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364A of the Indian Penal Code. The petitioner was refused bail by order dated 18.08.2009 with liberty to renew his prayer for bail after examination of the victim concerned. However, from the report of trial court it appears that firstly the court was vacant and secondly despite warrant of arrest issued against the victim he has not appeared to depose in trial. From the statement under Section 164 Cr.P.C. of the victim it appears that the petitioner was not named therein. In view of such and also the submission that the petitioner is accused in only one other case and no other case of kidnapping, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the - 2 - like amount each to the satisfaction of 1st Additional Sessions Judge, Kaimur at Bhabua in connection with S.Tr. No. 130 of 2009/21 of 2009 arising out of Kudra P.S. Case No. 139 of 2008 subject to the following 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 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 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 accused in any other case of kidnapping will be verified by the trial court before releasing the petitioner on bail. Vikash/- (Anjana Prakash, J.)