IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21457 of 2010 SUDHIR RAM SON OF LATE BIKAN RAM Versus STATE OF BIHAR ----------- 2. 30.6.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366A and 379 of the Indian Penal Code. Considering that the victim in her statement recorded u/s.164 Cr.P.C. stated that she loved the petitioner and even married him and, therefore, it is not a case of kidnapping, let the petitioner above named, who is in custody since 15.7.2009, 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 Chief Judicial Magistrate, Saharsa in Maheshi P.S.case No.50 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 is related with the petitioner. The bailor will 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 - 2 - 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. The Magistrate concerned will commit the case to the court of Sessions immediately and thereafter the trial court will pass appropriate orders as to whether any offence whatsoever is made out against the accused persons in view of the statement of the victim recorded u/s.164 Cr.P.C. Narendra/ ( Anjana Prakash, J. )