IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22537 of 2010 RAM PRAKASH YADAV SON OF YAMUNA YADAV Versus STATE OF BIHAR ----------- 2. 13.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 366/34 of the Indian Penal Code. The prosecution case is that the informant was told by his son Brajesh Kumar that while he and the victim were returning from the market the petitioner and his brother Ravindra kidnapped the victim. It has been submitted that when Brajesh Kumar, the sole eye witness, was examined, he only stated the name of Ravindra, who happens to be the brother of the petitioner. The story is also that the victim was kidnapped for the purposes of marriage. Considering the same, let the petitioner above named, who is in custody since 22.4.2010, 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 Chief Judicial Magistrate, Jehanabad in Ghosi P.S.case No.53 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 bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the bailor shall also state on affidavit that he will - 2 - 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, (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, his bail will be liable to be cancelled for reasons of misuse and (iv) 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. Narendra/ ( Anjana Prakash, J. )