IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43607 of 2011 ====================================================== Bundilal Bind, son of Ram Barat Bind, resident of village; Hamid Nagar, P.S. Uphara, District; Aurangabad .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== 2 21-12-2011 Heard counsel for the petitioner and the State. This matter relates to Uphara P.S. Case No. 02 of 2011 for the offence under Section 364 (A), 120 (B) of the Indian Penal Code. According to the First Information Report, it appears that Vikash Kumar grand son of the informant had gone for a play on 25.06.2010 but he did not return. The family members made hectic search but he could not find him. Subsequently, on 11.06.2010 a sanha was lodged. In the meanwhile, he met with a petitioner who assured him that he knows the whereabouts of his grandson and took Rs.1100/-and carried the person at a particular place. Again he demanded Rs.25000/- at the aforesaid place with an assurance that his grandson will be recovered but ultimately, he could not traced out the grandson of the informant. The counsel for the petitioner states that the same person has lodged an another First Information Report vide Uphara P.S. Case No.4 of 2011 for the offence under Sections 419 and 420 of the Indian Penal Code and in that case he remained in custody for about two and half months. Later on he was released on bail by the Court below. It has been submitted that for the same cause of action two First Information Reports have been lodged on cheating committed by the petitioner to the informant. He states that he has already remained in custody for the same cause of action, therefore, there is 2 no need to remain in custody again for the same cause of action. In that view of the matter let the petitioner, namely, Bundilal Bind in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Uphara P.S. Case No. 02 of 2011, subject to the conditions laid down under Section 438(2) Cr. P.C and also further subject to the conditions that he should co-operate with the trial and whenever he is required he should present himself in the Court either through the lawyer or through himself. If the Court below will find that he is not co-operating with the trial, the Court below will be at liberty to cancel the bail bond of the petitioner. ASHWINI /- (Shivaji Pandey, J.)