IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45867 of 2009 MAHIPAL SINGH @ MAHIPAL, S/O SRI PRABHAT RAM @ PRABHAT SINGH, R/O VILLAGE GADHULA KALA, P.S. GUDHA GAURJEE, DISTRICT JHUNJHUN, RAJASTHAN .. Petitioner Versus STATE OF BIHAR .. Opposite Party **** /2/ 08.01.2010 Heard both the sides. 2. The petitioner seeks bail in a case instituted under Sections 366 and 364/34 of the Indian Penal Code. 3. The submission is that the petitioner is not named in the first information report, which has been instituted for the disappearance of the daughter-in-law and three children. Thereafter, during investigation, the daughter- in-law was recovered and initially she absconded from Court refusing to give her statement under Section 164 of the Criminal Procedure Code and, thereafter, appeared and gave her statement under Section 164 of the Criminal Procedure Code stating therein that she has been forcibly sought to be married to the petitioner, who is resident of Rajasthan. Incidentally the victim happens to be aged about forty years and undoubtedly she is mother of three children. 4. Taking into consideration the aforementioned 2 submission, let the petitioner, above named, who is in custody since 22.08.2009 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 Hajipur Town P.S. Case No. 442 of 2007 to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, 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. The petitioner is required to give local surety since he is resident of Rajasthan and there is chance of his delaying the trial for reasons of regular non-attendance. (ii) 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. (iii) 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. S.A. (Anjana Prakash, J.)