IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2975 of 2010 MD. MUSTAFA @ MUSTAFA SON OF MD. RAMJAN Versus STATE OF BIHAR ----------- 3. 7.5.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364/34 of the Indian Penal Code. In the first information report it has been alleged that the son of the informant had gone to get his bicycle repaired at the shop of the petitioner, whereafter having disclosed that he was going to purchase onion, did not return and when the informant enquired about her son from the petitioner he went on a motorcycle to look for him but returned and thereafter he confessed that he had kidnapped him with the help of Shatrudhan Sah. Still later one witness is said to have seen the petitioner going with the deceased. However, there is no eye witness to the occurrence nor is there any motive for the same and there has been no call for ransom. In view of such, let the petitioner above named, who is in custody since 20.9.2009, 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 Sub Divisional Judicial Magistrate West, Muzaffarpur in Sahebganj P.S.case No.113 of 2009, subject to the 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 - 2 - undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he 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 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 and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )