IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31734 of 2009 1. MAHESH SHARMA 2. UMESH SHARMA Both sons of Janak Sharma, residents of village Salauna, P.S. Bakhari, district Begusarai .. Petitioners Versus STATE OF BIHAR .. Opposite Party **** /3/ 04.11.2009 Heard both the sides. 2. The petitioners seek bail in a case instituted under Sections 363, 365 and 34 of the Indian Penal Code. 3. Taking into consideration the fact that the petitioners are named in the first information report on the basis of suspicion that the petitioners had somehow or the other in conspiracy with some other accused persons got the niece of the informant kidnapped, but, there is no direct or even indirect material against the petitioners, let the petitioners, above named, who are in custody since 01.03.2009 and there is no other case of similar nature against them, be released on bail on furnishing bail bonds of Rs.5,000/- (rupees five thousand) each with two sureties of the like amount each in connection with Neema Chandpura P.S. Case No. 7 of 2009 to the satisfaction of the Chief 2 Judicial Magistrate, Begusarai, on the conditions (i) that one of the bailors will be a close relative of each of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners, (ii) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner(s) is/are implicated in any other case of similar nature after his/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 and (iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if he/they fails/fail to do so on two given dates and delays/delay the trial in any manner then his/their bail will be liable to be cancelled for reasons of misuse. S.A. (Anjana Prakash, J.)