IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34326 of 2010 MD. ASLAM, SON OF MD. SALEEM, RESIDENT OF MOHALLA-KAMBAL SAH MAJAR CHATARBHUJ ASTHAN, P.S.- MITHANPURA, DISTRICT- MUZAFFARPUR……………………………….PETITIONER. Versus THE STATE OF BIHAR………………..OPPOSITE PARTY. ----------- For the Petitioner : M/s. Mahendra Thakur & Shashi Bhushan Pandey, Advocates. For the State : Mr. Abhimanyu Sharma, A.P.P. --------- 4. 24.11.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Perused report kept at flag ‘X’. The petitioner seeks bail in a case registered under Sections 366(A)/34 of Indian Penal Code. The bail application of the petitioner was earlier rejected vide order dated 28.10.2009 passed in Criminal Misc. No.10404 of 2009 (Annexure-‘1’ to this application). It has been submitted on behalf of the petitioner that the girl eloped with the boy on her own, which is evident from the First Information Report itself. It is also stated that two co-accused persons, namely, Munnu Sah and Santosh Kumar have already been granted bail by this Court. Further contention is that though the earlier bail application 2 of the petitioner had been rejected vide order dated 28.10.2009, a copy of which is contained as Annexure- ‘1’to this application, the trial has not been concluded even after a lapse of one year. Learned counsel further submits that the petitioner has remained in custody since 08.11.2008 itself. Having regard to the facts and the circumstances of the case, the petitioner, Md. Aslam, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, in connection with Chhautari P.S. Case No.134 of 2008, with a further condition that one of the bailors of the petitioner must be his father. Further, the petitioner shall remain present on each and every date during the course of the trial in the court below. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. P.S./Sanjay-II ( Dr. Ravi Ranjan, J)