IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36080 of 2010 Jagdish Singh, son of Late Nanhak Singh, resident of village Kusha, P.S. Obra, District Aurangabad………………………………….Petitioner Versus The State Of Bihar……………………….Opposite Party ----------- 2 12.10.2010 Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the informant. Case is under Sections 364 A and 387 read with Section 34 of the Indian Penal Code. The first information report was instituted by the grand-father of the boy alleging that his grand-son was kidnapped by petitioner. The boy was recovered from the house of the petitioner at Surat and his statement under section 164 of Cr.P.C. was recorded. In his statement, the victim boy has stated that his mother asked him to accompany the petitioner, who was his Mausa, to Surat and she will follow him later on. Upon that, boy accompanied the petitioner and was kept well by the petitioner wherefrom he was recovered. Learned counsel for the informant submits that the mother of the boy was also involved in the crime as she had illicit 2 connection with the petitioner. He submits that the statement that this petitioner is own Mausa of the victim boy is not correct. Learned counsel for the petitioner has produced a certified copy of the order dated 24.08.2010 passed in Cr. Misc. No.28538 of 2010 by which mother of the victim boy has been allowed bail by this Court. Since the boy has in his statement under Section 164 of Cr.P.C. has disclosed that he was asked by his mother to accompany the petitioner who happened to be his Mausa and stated that she will also follow, the application is allowed. Let petitioner (Jagdish Singh) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge, F.T.C.III, Aurangabad in connection with Sessions Trial No.206/2010 arising out of Rafiganj P.S. Case No.48/2010 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors 3 shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)