IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36406 of 2009 1. SINGASAN CHOUDHARY, SON OF SRI SHANKAR CHAUDHARY 2. BINOD KUSHWAHA, SON OF SRI BADRI NARAYAN KUSHWAHA Versus 1. STATE OF BIHAR 2. DINESH KUMAR GAUND, SON OF PARAS SAH ----------- 6. 27.08.2010 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 366(A), 379 and 34 of the Indian Penal Code. It has been submitted that even though in the First Information Report the allegation against the petitioners is that they had kidnapped the wife of younger brother of the Informant and she gave an incriminating statement under Section 164 Cr. P.C. but when she was examined during trial, she specifically stated in her examination-in-chief that she had not been raped and in her cross-examination, she stated that she had not been kidnapped and had gone away with the accused persons on her own consent. Considering the same, 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 or any other surety to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, District West Champaran, in Dhanha P.S. Case No. 101 of 2008, G.R. No. 1043 of 2008 subject to the 2 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. The bailor will undertake to furnish information to the court about any change in address of the petitioners. (ii) 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.)