IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11858 of 2010 SANTOSH CHOUPAL, S/o Jawahar Choupal @ Vijay Choupal. Versus THE STATE OF BIHAR ----------- 02. 19.04.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363 and 366A of the Indian Penal Code. In the First Information Report the allegation against the petitioner is that he along with other co- accused persons had kidnapped the alleged victim. However, there are materials to suggest that in fact the victim who is aged about twenty years had got married to co-accused, Arun Yadav and is still living in his house as his wife. In view of such and also that there is no allegation of any sexual assault by the present petitioner upon the victim, let the petitioner above named who is in custody since 06.10.2009 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 Additional District - 2 - Judge, F.T.C.-I, Madhubani in connection with S.Tr. No. 44 of 2010 arising out of Bhairab Asthan P.S. Case No. 26 of 2009 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 also undertake to inform the Court if there is any change in the 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. Vikash/- (Anjana Prakash, J.)