IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42838 of 2009 ASHOK KUMAR SINGH @ ASHOK SINGH SON OF SHRI CHANDRIKA SINGH Versus STATE OF BIHAR ----------- 3. 24.2.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 366A/34 of the Indian Penal Code. The submission is that even though the occurrence is of 21.12.2006, the complaint was filed on 27.12.2006 and the first information report was instituted on 18.12.2008 and thereafter the petitioner was arrested from his house. In the intervening period the girl in question has not been recovered from the possession of the petitioner. The submission is also that the entire case is based on speculation since the petitioner was in love with the victim girl in question. Under the circumstances, let the petitioner above named, who is in custody since 8.1.2009, 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 Shri Uma Kant Yadav, Judicial Magistrate Ist class, Saran at Chapra in Baniapur P.S.case No.217 of 2008, subject to the 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, (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 and - 2 - (iii) 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. )