IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31818 of 2010 1. JITENDRA SAH @ JITENDRA KUMAR S/O LATE CHANDESHWAR SAH 2. RAJU @ RAJ KAPOOR SAH @ RAJU SAH S/O GAURI SAH Versus STATE OF BIHAR ----------- 2. 23.09.2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 363, 366 A, 379/34 of the Indian Penal Code. Considering the statement of the alleged victim that there was no incident of kidnapping, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned S.D.J.M. Pupri, Sitamarhi in connection with Pupri P.S. Case No. 53/2010, subject to the conditions, (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of 2 the petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (iv) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. The Magistrate concerned is directed to commit the case to the court of Sessions and the Trial Court in seisin of the case will pass appropriate order as to whether any offence is made out against the accused persons in view of the statement of the victim recorded under Section 164 Cr.P.C. Fahad. ( Anjana Prakash, J. )