IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34743 of 2008 ABSAR AHAMAD @ ABSHAR AHMED @ ABSHAR … … Petitioner Versus THE STATE OF BIHAR … Opp. Party For the petitioner: Shri Amish Kumar For the State: Shri Dashrath Mehta,APP - - - - 3. 23.10.2008 Heard both the sides. On facts it could have been a more serious case but the fact remains that in the abduction case, which was Chatauni P.S.Case No. 88 of 2005, the petitioner enjoys the liberty on account of granting bail by a Bench of this Court in Cr. Misc. No. 4131 of 2008. The present case is under Section 384 of the Indian Penal Code which is triable by a Magistrate of the Ist Class and the Magistrate could have inflicted a sentence maximum of three years imprisonment and that period of imprisonment the petitioner appears serving out in custody. Let the petitioner Absar Ahmad alias Abshar Ahmed alias Absar be released on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the Satisfaction of the court below, i.e., Shri D.K. Singh, Judicial Magistrate, 2 Ist Class, Motihari, in Chatauni P.S.Case No.123 of 2005 on the following conditions: 1. That the petitioner shall give his attendance before the Officer-in-charge of Sikarpur Police Station,( West Champaran) on every Sunday and that attendance shall be recorded in the station diary entry by the Officer-in-charge, 2. that if the petitioner appears indulged in same and similar type of offence or a more graver offence in that case the court will assume that this order had not been passed by this Court and it shall ensure that the petitioner is remanded to custody; 3. that any attempt by the petitioner to intimidate the informant or his witness shall be treated yet another 3 condition for cancellation of his bond and remanding the petitioner to custody; and 4. that the petitioner shall attend the proceedings in the court below on all dates by remaining physically present even if no progress is carried out in the trial. Kanth ( Dharnidhar Jha, J.)