IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33748 of 2011 Suman Kumar Mahto, son of Rameshwar Mahto Versus The State Of Bihar ---------------------------------- 2. 15.10.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 364/34 of the Indian Penal Code. Subsequently, the case was converted into Section 366A of the Indian Penal Code. Considering the statement of the alleged victim recorded under Section 164 Cr. P.C. that she was not kidnapped, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Bairginia P.S. Case No. 138 of 2011, subject to the following conditions: (i) 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. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (iii) That the 2 petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Magistrate concerned is directed to immediately commit the case to the Court of Sessions and the Trial Court will pass necessary orders as to whether any offence is made out against the accused persons in view of the statement and age of the alleged victim. S.Ali ( Anjana Prakash, J.)