IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21637 of 2010 AKASH KUMAR Versus STATE OF BIHAR ----------- 2. 28.6.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Alamganj P.S. Case No. 254 of 2009 for offence punishable under Sections 366/34/120(B) of the Indian Penal Code. Substance of allegation against the petitioner is of kidnapping the daughter of the informant with intent of marriage. Learned counsel for the petitioner with reference to the statement of the victim girl made under Section 164 of the Code of Criminal Procedure placed at Annexure-2 of the application submits that no case under Section 366 is made out against the petitioner. He further submits that the victim girl herself has admitted that the petitioner had not indulged in any physical activity. It is submitted that the petitioner does not have a criminal antecedent and has remained in incarceration since 23.11.2009. Taking into consideration the circumstances and submission of learned counsel, let the petitioner, 2 namely, Akash Kumar be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City in connection with Alamganj P.S. Case No. 254/2009, subject to the following conditions :- (1) That the father of the petitioner would stand as one of the bailors and who shall be under a duty to inform the Court below in case this petitioner is named or is involved in any further case of similar nature after his release and whereupon the Court below shall be at liberty to cancel the bail bond of the petitioner on ground of misuse. (2) The petitioner shall co-operate in the proceeding in the Court below and shall attend the Court below on each and every date fixed and upon failure on his part to attend the Court below on two consecutive dates without reasonable explanation to the satisfaction of the Court below would confer liberty on the Court concerned to initiate proceeding for cancellation of bail bonds and for taking him into custody. Anand Kr. (Jyoti Saran, J)