IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13113 of 2010 MD. FIROJ SON OF MD. HARUN RASHID Versus STATE OF BIHAR ----------- 2. 28.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 366A of the Indian Penal Code. The prosecution case is that the daughter of the informant was allegedly kidnapped by the petitioner and kept in his house and thereafter when he went to recover her, father of the petitioner raised hulla, but the police arrived and recovered the said girl. There are documents to suggest that in fact the petitioner and the alleged victim girl were in love with each other and had married, which was not liked by the informant and then this case was instituted. In view of such and also that the victim has not alleged any sexual abuse upon herself by the petitioner, let the petitioner above named, who is in custody since 11.11.2009, 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 S.D.J.M., Pupri at Sitamarhi in Purpri P.S.case No.646 of 2009, 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 - 2 - 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 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. Narendra/ ( Anjana Prakash, J. )