- 1 - IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27698 of 2010 DHARMENDRA YADAV son of Lal Babu Yadav Versus STATE OF BIHAR ----------- 2/ 18.08.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under section 366-A/34 of the Indian Penal Code. It has been submitted that the petitioner has been implicated twice for the kidnapping of the same girl and in the earlier case he was granted bail by this court vide Cr. Misc. No.21643 of 2010 considering the statement of the victim recorded under section 164 Cr. P.C., wherein, she had accepted the factum of marriage with the petitioner. In view of such, let the petitioner, above named, 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 the Additional Sessions Judge-cum- Fast Track Court No. III, Gopalganj, in connection with Sessions Trial No. 349 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 bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)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 - 2 - reasons of misuse, (iii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The trial court will consider as to whether any offence whatsoever is made out against the petitioner in view of the statement of the victim recorded under section 164 Cr. P. C. JA/- (Anjana Prakash, J.)