IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11510 of 2010 SHAHEEN @ RUBY @ SAHINA KATTUN @ RUBBI KATTUN Versus THE STATE OF BIHAR ----------- For the Petitioner : M/s Dhananjay Kumar Gupta For the State : Mr. P.Mehta, A.P.P. 2. 15.4.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364 & 34 of the I.P.C.. The informant has instituted the present case for the disappearance of his brother Salam Haque @ Pappy who allegedly was kidnapped by unknown persons. During investigation it transpired that the victim and Dimpal Kumar Gupta used to love the present petitioner and the occurrence had taken place on account of rivalry between them. The submission is that if even the allegations are accepted as true, the petitioner had no motive to commit the murder of the victim. Moreover there is no eye witness to the occurrence. In view of the such let the petitioner who is in custody since 7.9.2009, be released on bail on furnishing bail bond of Rs. 5000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Addl. District and Sessions Judge VI, Patna in Kotwali P.S. Case No. 344/09, 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 - 2 - 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 reasons of misuse. MKchy ( Anjana Prakash, J. )