IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5488 of 2010 KISHUNDEO (KRISHNADEO) RAI son of Late Prahlad Rai Versus STATE OF BIHAR ----------- 4/ 21.05.2010 The case has been taken up out of turn for hearing on the mentioning of the petitioner that the petitioner is lying seriously ill in Patna Medical College & Hospital, Patna, for which supplementary affidavit has been filed. Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363, 366-A/34 of the Indian Penal Code. The prosecution case is that the daughter of the informant was kidnapped by three persons and thereafter she was kept in the house of the petitioner and removed from there when they learnt that the police is about to reach there. There is no allegation in the First Information Report that the petitioner has kidnapped the girl. In view of such, 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 the Additional Chief Judicial Magistrate, Barh, Patna, in connection with Athmalgola P.S. Case No. 87 of 2008, 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. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii)That the affidavit shall clearly state that the petitioner is not accused in any - 2 - other case and, if he is, he shall not be released on bail, (iii)That the bailors shall 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, (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. JA/- (Anjana Prakash, J.)