IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.42196 of 2009 ARVIND SAO @ MUNNI, S/O LATE SITA SAO Versus STATE OF BIAHR **** /3/ 02.02.2010 Heard the counsel for the petitioner, the State and the informant. 2. The petitioner seeks bail in a case instituted under Section 366A/34 of the Indian Penal Code. 3. On 08.07.2009, the mother of the victim filed a first information report stating therein that one Mithilesh Kumar and some other co-accused persons had forcibly taken away her daughter. Before the present case was instituted on 07.07.2009 the said Mithilesh Kumar filed a first information report against the present petitioner stating therein that he was threatened by the petitioner on 06.07.2009 to produce the victim girl whom he had kidnapped, thus, corroborating the fact that it was he who was suspected to have kidnapped the girl. Thereafter, when the victim was recovered and on 21.07.2009 she gave a statement under Section 164 of the Criminal Procedure Code alleging that it was the petitioner who had kidnapped her. However, she does not allege any sexual assault upon herself by the present petitioner explicitly. 2 4. In view of the materials enumerated above, let the petitioner, above named, who is in custody since 31.07.2009 be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand) with two sureties of the like amount each in connection with Griak P.S. Case No. 107 of 2009 to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, on 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, (ii) 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 (iii) 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 then his bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)