IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39479 of 2010 BODHA RAI, S/o Jhagaru Rai. Versus THE STATE OF BIHAR ----------- 02. 26.11.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 366A and 372/34 of the Indian Penal Code. Considering the statement of the alleged victim that she had not been kidnapped, 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 or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 43 of 2010 subject to the following 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 also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case 2 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. (iv) 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. (v) 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 Magistrate concerned shall immediately commit the case to the Court of Sessions and Trial Court in seisin of the case shall pass an appropriate order as to whether any offence is made out against the petitioner in view of the statement recorded under Section 164 Cr.P.C. Vikash/- (Anjana Prakash, J.)