IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30965 of 2009 Md. Qurban, son of Md. Fidshat, resident of Village-Gandai Khurd, P.S. Saara, District-Muzaffarpur. …….Petitioner. Versus The State of Bihar …………………………..Opposite Party. ----------- 3. 01. 04. 2010. A supplementary affidavit has been filed on behalf of the petitioner to bring on record the statement of victim boy recorded under Section 164 of Cr.P.C. Let it be kept on record. Heard Mr. Dhirendra Kumar, learned counsel appearing on behalf of the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Muzaffarpur Town P.S. Case No. 34/2009 dated 27. 01. 2009, registered under Sections 363, 364, 365 and 368 of the Indian Penal Code. According to the prosecution case, one Himanshu Kandoi was kidnapped by his class mate co-assed Zaffar Abbas with the help of others. It is submitted by the learned counsel for the petitioner that he is not named in the F.I.R. and the victim boy has been recovered by the Police. The statement of the victim boy recorded under Section 164 of Cr.P.C. has been brought on record and has been annexed as Annexure- I A. The victim boy has not named the petitioner as an accused. Learned counsel for the petitioner further submits that during the course of investigation, petitioner has been 2 named by the co-accused before the Police. It has also been stated by the learned counsel for the petitioner that he is a man of fair antecedent and there is no criminal history against the petitioner at all. Learned counsel for the State after going through the Case Diary has fairly conceded that no other material is there against the petitioner, save and except he has named by co-accused persons. In the aforesaid background, the petitioner, namely, Md. Qurban, in the event of his arrest/surrender within a period of four weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Town P. S. Case No. 34/09, subject to the conditions as laid down under Section 438(2) of Cr.P.C. and subject to further conditions ; (a) that one of the bailors must be Govt. Servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail bond of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of 3 the same in accordance with law after giving opportunity of hearing to all concerned, © the petitioner shall make regular pairvi in the court below in the present case either by appear- ing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. m.p. ( Birendra Prasad Verma, J.)