IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31923 of 2009 BIHARI BIND, S/O Late Bechan Bind, resident of Village-Katra, P.S. Bhabua, District-Kaimur (Bhabua). Versus THE STATE OF BIHAR ----------- 3 6/11/2009 Heard counsel for the petitioner and counsel for the State. The offence alleged against the petitioner is one under sections 364-A, 120-B/34 of the Indian Penal Code. The petitioner is not named in the First Information Report and the only reason for his implication is that the victim kidnapped boy claims that he was kept inside the chamber and well belonging to the petitioner. The petitioner, however, has not been named even in the statement one under section 164 of the Cr.P.C. by the victim boy nor any specific overtact has been alleged against him either in the aforementioned statement under section 164 of the Cr.P.C. or in the statement under section 161 of the Cr.P.C. recorded by the police. In that view of the matter, when the petitioner also has no criminal antecedent as has been specifically asserted in paragraph 15 of his bail application, this Court, taking into account that the petitioner is in jail custody since 12.6.2009, would direct for release of the petitioner, namely, Bihari Bind, on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Bhabua in Bhabua P.S. Case No.226 of 2009, subject to the conditions that one of the bailer of the petitioner must be his father-in-law who has sworn affidavit in support of this 2 bail application. It goes without saying that the petitioner shall remain physically present in course of the trial and his absence on two consecutive dates shall entail consequence of cancellation of his bail. Abhay Kumar (Mihir Kumar Jha, J.)