IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19301 of 2011 Kundan Das, Son of Suresh Das, resident of village Jaria Khari (Betona), P.S. Palasi, District Araria. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party --------------- 03/- 13.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 365/504/34 of the Indian Penal Code, is one of the named accused in this case of kidnapping of daughter of the informant. Submission is that there is general and omnibus allegation and the victim voluntarily appeared, subsequently, made her statement recorded under Section 164 of the Code of Criminal Procedure, said nothing about the complicity of the petitioner. Moreover, parties have already entered into compromise. Considering the facts and circumstances of the case, in the event of the informant and her husband appearing before the court below supporting the factum of compromise with their free will and consent without any coercion and the husband of the informant also stood as one of the bailors, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Palasi P.S. Case No. 02 of 2010, corresponding to G.R. No. 11 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/ ( Akhilesh Chandra, J.)