IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44643 of 2009 JAYKANT CHOWDHARY, Son of Late Anuplal Chowdhary, resident of village Ranginia, P.S. Salkhua, District – Saharsa …… Petitioner Versus STATE OF BIHAR …… Opposite Party ----------- For the petitioner : Mr. Ashok Kumar, Advocate For the S t a t e : Mr. R.B.Roy Raman, A.P.P. ---- 3 15.03.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 364A/34 of the Indian Penal Code . It is submitted on behalf of the petitioner that he is not named in the first information report. The victim in his statement recorded under Section 164 Cr.P.C. also named the petitioner only as a person, who has been demanding money from him and in course of such he had taken Rs. Ten thousand on an earlier occasion. However, there is nothing on record directly or indirectly to connect this petitioner to commission of this crime. Petitioner is stated to be in custody since 6.6.2009. - 2 - It is submitted that similarly situate co- accused Fulo Choudhary has been granted bail by a Bench of this Court vide Annexure 2 to this petition. Learned counsel for the petitioner produced a certified copy of the statement of victim recorded under Section 164 Cr.P.C. Let it be kept on record. In the facts and the circumstances of the case, the petitioner, JAYKANT CHOWDHARY, 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 Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S. Case No. 77 of 2009, with a further condition that one of the bailors of the petitioner must be a close relative or family member of the petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with the petitioner. - 3 - Further the petitioner shall remain present on each and every date during the course of trial. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation then the court concerned would be at liberty to take steps for cancellation of bail bonds of the petitioner. Spd/ (Dr. Ravi Ranjan, J.)