IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11735 of 2010 1. NARAD CHOUDHARY. 2. Vijay Choudhary. Both are sons of Shri Paltan Choudhary. Versus THE STATE OF BIHAR ----------- 02. 20.04.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offences under Sections 364 and 120B of the Indian Penal Code. On 02.10.2001, the brother of the present complainant Ashok Choudhary instituted a case at 9 P.M. that the present accused persons had variously assaulted his mother at about 6 P.M. Almost one month later the present complainant filed a complaint that on the same day at 4.30 A.M. the present accused persons had kidnapped his father. The submission is that had this been true this fact would have been mentioned in the First Information Report instituted by the brother of the informant in the case instituted about assault on his mother. The further submission is that the complaint is unduly delayed and there is no explanation for the same. In view of the serious litigations between the parties, let the petitioners above named who are in custody since 22.02.2010 be released on bail on - 2 - furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Complaint Case No. 629C of 2001 (Tr. No. 277 of 2009) subject to the following conditions:- (i) That one of the bailors 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 also undertake to inform the Court if there is any change in the address of 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 the ground of misuse. (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)