IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41854 of 2009 BIHARI SAHNI, SON OF LATE CHANDRAMA SAHANI Versus THE STATE OF BIHAR with Cr.Misc. No.43350 of 2009 DINANATH SAHNI, SON OF DURGA SAHNI Versus STATE OF BIHAR with Cr.Misc. No.35061 of 2009 SRIMATI DEVI, WIFE OF BIHARI SAHNI 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 a Medical Practitioner was kidnapped by some unknown persons and his own Compounder namely Chandrashekhar Sahani. Later on, the boy was recovered on 13.6.2009 and he gave a statement under Section 164 Cr. P.C. on 30.7.2009. In the long statement he has mentioned number of accused persons but has not named the present petitioners. During investigation, the co-accused Birendra Thakur was arrested and in his confessional statement he alleged a different role to a number of accused persons including Dharmendra Sahni, the son of the petitioner No. 1. However, about the present petitioners he generally stated that Dharmendra Sahni’s family members namely father, petitioner in - 2 - Cr. Misc. No. 41854 of 2009, Dinanath Sahni maternal uncle of Devendra Sahni, petitioner in Cr. Misc. 43350 of 2009 and Srimati Devi mother of Devendra Sahni, petitioner in Cr. Misc. No. 35061 of 2009 were involved in concealing the boy but there is no material that they either planned, executed the kidnapping or demanded ransom. In view of such and also the fact that the petitioners have no criminal antecedents and are in custody since 2.6.2009 let the petitioners above named, 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 Chief Judicial Magistrate, 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 - 3 - and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v)That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. S.Ali (Anjana Prakash, J.)