IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6161 of 2010 LAXAMINA DEVI @ LAXMINA DEVI, W/o Sri Shiv Shankar Choudhary. Versus THE STATE OF BIHAR ----------- 03. 08.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364A, 302, 201 and 120B of the Indian Penal Code. The prosecution case is that seven years old child of the informant had disappeared and thereafter calls for ransom were made and the informant suspected the hand of one Ajay Choudhary with whom he had land dispute. However, during investigation the calls for ransom were traced to one mobile which stood in the name of one Sonawati Devi but it was in use of one Daya Shankar Choudhary i.e. the son of the present petitioner. At this, the present petitioner and her son were arrested and gave confessional statement that in fact the boy had been kidnapped and murdered when there was a danger discovery. However, from the said statements it appears that the petitioner being a lady was not - 2 - involved in the present occurrence of kidnapping, demand of ransom nor in the killing of the boy. In view of such, let the petitioner above named who is a lady and in custody since 26.08.2009 and has no criminal antecedent 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 Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Town P.S. Case No. 315 of 2009 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 affidavit shall clearly state that the petitioner is not accused in any other case and if she is she will 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 - 3 - 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.)