IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4778 of 2010 CHHUTO @ CHHOTU YADAV, So of Lae Bechan Yadav, R/o village Bareta, P.S. Gagari, District – Khagaria …. Petitioner Versus STATE OF BIHAR ….. Opposite Party ----------- For the Petitioner : Mr. Rajesh Kr. Singh, Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. --- 3 13.05.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks bail in a case registered for offences punishable under Section 364 of the Indian Penal Code. It is submitted on behalf of the petitioner that he is not named in the first information report, however, the victim boy has also taken his name along with other persons, who threw him allegedly in the Bolero jeep and took to village Nauranga and married him with a girl. It is further stated that on next day the father of the victim boy had gone to the aforesaid village and brought him back. Learned counsel submits that petitioner, though is agnate, has not been named in the first information report and marriage had admittedly been performed. Thereafter, the boy and girl are living - 2 - happily. Petitioner is stated to be in custody since 9.11.2009. In the facts and the circumstances of the case, the petitioner, CHHUTO @ CHHOTU YADAV, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No. 105 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/- (Dr. Ravi Ranjan, J.) - 3 -