IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40224 of 2009 HRIDAY NARAYAN CHAUDHARY & HIRDEY NARAIN CHAUDHARY, SON OF LATE BALI RAM CHOUDHARY Versus STATE OF BIHAR ----------- 4. 07/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 364(A) and 34 of the Indian Penal Code. The petitioner is not named in the First Information Report which pertains to the alleged kidnapping of the son of the Informant by his own Compounder and other unknown persons. The victim boy was recovered and he gave a detailed statement under Section 164 Cr. P.C. but did not name the present petitioner. One of the co-accused persons i.e. Birendra Thakur was arrested and named the present petitioner that he, being the uncle of the main accused Dharmendra Sahani, had assisted in concealing the boy. However, there is no allegation that the petitioner took any part in the kidnapping or demand of ransom. In view of such and also the fact that there is no other case of kidnapping against the petitioner and he is in custody since 2.6.2009, let the petitioner above named, 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 Sub Divisional Judicial Magistrate, West 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 petitioner who will give an affidavit giving genealogy as to how he is related with the - 2 - petitioner and the other must be local in nature. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case of kidnapping and if he is, he shall not be released on bail. (iii)That the bailor shall also state on affidavit that he 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. (iv)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. (v)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. S.Ali (Anjana Prakash, J.)