IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28397 of 2011 Sunil Kumar Yadav, son of Uday Chandra Yadav Versus The State Of Bihar ---------------------------------- 3. 28.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366, 366(A) and 120(B) of the Indian Penal Code. Considering that the victim has not been recovered as yet, I am not inclined to granted bail to the petitioner at this stage. The prayer for bail is rejected. However, considering the facts of the case, let the petitioner above named, be released on bail after framing of charge if his case is not bifurcated for the purpose of commitment or charge on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Additional Sessions Judge, F.T.C. IInd, Madhubani, in connection with Babubarhi P.S. Case No. 101 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 2 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 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 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.Ali ( Anjana Prakash, J.)