IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5985 of 2010 ASHA DEVI, W/o Sri Yogendra Singh. Versus THE STATE OF BIHAR ----------- 05. 21.06.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363 and 365 of the Indian Penal Code. It has been submitted that even though in the First Information Report the allegation against the petitioner is that she was one of the persons who was instrumental in kidnapping the son of the informant but during investigation it transpired that in fact the informant was a greedy man and had defalcated some jewellery of the petitioner when it had been mortgaged to him. Considering the above and also that the petitioner is a lady and in custody since 08.03.2009 and there is no allegation of any demand of ransom, 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 Md. Habibullah, Judicial Magistrate, 1st Class, Patna (or his successor) in connection with Shastri Nagar P.S. Case No. 59 of 2009 subject to the following conditions:- (i) That one 2 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not accused in any other case and if she is she shall not be released on bail. (iii) 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 her 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. (iv) That the petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, her bail will be liable to be cancelled for reasons of misuse. Vikash/- (Anjana Prakash, J.)