IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28538 of 2010 MALA DEVI, WIFE OF SHREE SANTOSH SINGH Versus STATE OF BIHAR ----------- 2. 24.08.2010 Supplementary affidavit filed today be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 366(A) of the Indian Penal Code. The prosecution case is that the grandson of the Informant was kidnapped by unknown person when he was returning from school and demanded ransom of five lacs rupees on mobile phone of his daughter-in-law i.e. the petitioner. Subsequently, the petitioner was implicated in the case since it was found that it was the petitioner who had sent away her son with her brother-in-law to Surat from where he was recovered. The submission of the learned counsel for the petitioner is that in the facts of the case there is no kidnapping and, therefore, the petitioner deserves to bail. The counsel for the Informant has alleged that in fact from the facts of the case it is apparent that the petitioner was involved in the kidnapping of her own son. Considering the nature of offence as also that the petitioner is in custody since 3.5.2010, let the petitioner above 2 named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Aurangabad, in Rafiganj P.S. Case No. 48 of 2010 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. The bailor will undertake to furnish information to the Court about any change in address of 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. S.Ali ( Anjana Prakash, J.)