IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45095 of 2009 AMIT KUMAR @ MANTU SON OF SRI JAGDISH SAH Versus STATE OF BIHAR ----------- 3. 8.3.2010 Learned Counsel for the petitioner is permitted to make correction in the prayer portion of the petition in course of the day. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364, 365 and 120B of the Indian Penal Code. On 27.7.2009 the father of the alleged victim instituted the present case saying that his son left his home on 26.7.2009, never to return. During investigation it transpired that the son of the informant and co-accused Chintu used to love the same girl and it was probably on account of that he had been eliminated by Chintu and others, who had given a threatening to the deceased. The petitioner has been implicated since the petitioner was also found standing out side the door of the informant on the day the victim disappeared. There is no motive alleged against the petitioner. Under the circumstances, let the petitioner above named, who is in custody since 1.8.2009 and has no criminal antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, Fast Track Court No.5, Samastipur in S.Tr.No.2 of 2010, subject to the conditions (i) That one of the bailors will be a close relative of the - 2 - petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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 and (iv) 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. Narendra/ ( Anjana Prakash, J. )