IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33558 of 2009 1. GAYANTI DEVI, WIFE OF SHRI CHHOTA YADAV 2. KALAWATI DEVI, WIFE OF SHRI PARMA SAH Versus STATE OF BIHAR ----------- 4. 07/04/2010 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 364(A) and 34 of the Indian Penal Code. The prosecution case is that the son of the Informant was kidnapped by his own Compounder namely Chandrashekhar and some unknown persons. During investigation, the boy was recovered who gave a statement recorded under Section 164 Cr. P.C. wherein he mentioned that he had been kept in various villages. It also transpired that one Jitendra Yadav was one of the active participants of the kidnapping. The petitioner No. 1 happens to be the mother of the said Jitendra Yadav and petitioner No. 2 is neighbour of Jitendra Yadav and they have admitted that they had fed the kidnapped boy. However, taking into consideration the fact that the petitioners are ladies and have no criminal antecedents and, therefore, they do not belong to a gang of kidnappers, let the petitioners above named, who are in custody since 3.6.2009, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, West - 2 - Muzaffarpur, in Motipur P.S.Case No. 68 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. (ii)That the affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail. (iii)That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after 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. (iv)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 they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)