IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5278 of 2010 SANTOSH CHOURASIYA @ SANTOSH SAMRAT son of Maheshwar Prasad Chourasia, resident of village Kazichak, P.S. Maheshkhut, District Khagaria… …Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Arvind Kumar Singh, Advocate For the State : Mr. S. Dayal, A.P.P. … 3 10.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 365, 368, 323, 379 and 34 of the Indian Penal Code. Earlier the petitioner’s prayer for bail was rejected by this Court vide order as contained in annexure 1, however, liberty was granted to the petitioner to renew his prayer for bail after three months. Learned counsel for the petitioner submits that the present one is not a case of kidnapping of the victim for ransom, rather the allegation is that the petitioner kidnapped the victim boy and married him with his sister. It is further submitted that the sister of the petitioner had also filed a case against the informant and his family members including her husband under section 498A of the Indian - 2 - Penal Code. Further contention is that the petitioner is in custody since 02.07.2009 and thus, it is contended that there has already been much atonement. Considering the facts and circumstances of the case, I direct the abovenamed petitioner, SANTOSH CHOURASIYA @ SANTOSH SAMRAT, to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in Maheshkhut Police Station Case No. 79 of 2009 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, after his release, if the petitioner is again found involved in similar kind of offences, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Further, since it has been stated on behalf of the petitioner that charges have already been framed in this case, it is directed the petitioner shall remain present on each and every date in course of trial before the court - 3 - concerned. If the petitioner fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be again at liberty to take steps for cancellation of his bail bonds. SC (Dr. Ravi Ranjan, J.)