IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5345 of 2010 ANIRUDH RAI,son of late Ganesh Rai Versus STATE OF BIHAR ----------- 02/ 23-02-2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 367, 120B, 504, 323 of the Indian Penal Code and 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The prosecution case is that the complainant/informant’s wife was induced by the son of the present petitioner to live in Punjab along with children and, therefore, the present case was instituted for the offence under Section 364 of the Penal Code. Thereafter the victim was recovered who gave her statement under Section 164 Cr.P.C. stating therein that, in fact, due to complainant/informant’s ill-behavior she fled away and therefore submission is that it is not a case of kidnapping. Under the circumstance, let the above named petitioner, who is in custody since 17-12-2009 be released on bail on furnishing bail bond of Rs.5,000/-(rupees five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Nautan (Jagdishpur) P.S.Case No.170/2009, subject to the conditions (a) 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, (b) 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 and (d) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. AH/ ( Anjana Prakash, J. )