IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17530 of 2010 MITHUN KUMAR @ MITHU KUMAR son of Late Kapildeo Ram (Sah) Versus STATE OF BIHAR ----------- 2/ 19.05.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363 and 366-A of the Indian Penal Code. On 6.9.2008, the petitioner is said to have forcibly attempted to take away the daughter of the informant for which a case was instituted. Thereafter, the present case has been instituted with regard to the same victim. It has been submitted that the victim has returned and since she is deaf and dumb there is no statement of hers recorded during investigation. In view of such, let the petitioner, above named, who is in custody since 8.12.2009 and apart from these two cases there is no criminal antecedent, 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 the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. case no.248 of 2009, 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. One of the bailors will be local since the petitioner belongs to Dewaria district. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the bailors shall - 2 - also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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, (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, and (iv)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash, J.)