IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28411 of 2011 Diwakar Singh son of Nawal Singh Versus The State Of Bihar ----------- 3/ 18.10.2011 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 365 and 366 of the Indian Penal Code. The prosecution case is that the daughter-in-law and grand son of the informant were kidnapped by the petitioner and co- accused and they were recovered from the house of the petitioner. The daughter-in-law gave statement under section 164 Cr. P. C. alleging that the petitioner had for forcibly got married to her and got photograph clicked. The doctor opined that she was 19- 21 years. Submission is that it appears to be a case of consent between the parties. Considering the same as also the fact that there is no allegation that the petitioner sexually assaulted the victim, let the petitioner, above 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 below to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Matihani P.S. Case No.136 of 2010, 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 2 is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the bailors shall also state on affidavit that they 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 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, and (iv) 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. JA/- (Anjana Prakash,J.)