IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51701 of 2008 Rajesh Kumar S/O Janardan Prasad, Resident of Mohalla New Godown, New Area House of Tiwaryji, P.S.Kotwali,Distt. Gaya Versus State of Bihar For the Petitioner-Mr.Shevendra Prasad,Advocate ----------- 4 8.5.2009 Heard learned counsel for the petitioner, State and the informant. Petitioner seeks anticipatory bail in a case instituted by his father under Section 365 IPC. A bare perusal of the FIR will show that the allegation against the petitioner is that an attempt was made by the petitioner to abduct/kidnap his brother. Counsel for the petitioner submits that the informant and the present petitioner is not on good terms owing to the fact that the petitioner’s marriage was solemnssed in different caste. It is further contended that several cases have been lodged by the inforemant, some of which have been found not true by the Police. It is further contended that the Investigating authority after conclusion of the investigation found the present case true under Sections 323,506 IPC, but not under Section 365 IPC. Counsel for the informant, on the other hand, submits that the court ultimately on the basis of the materials available on record has taken cognizance under Section 365 IPC. Having considered the submissions and after going through the records, in the opinion of the Court a case of extension of privilege - 2 - of anticipatory bail is made out. Accordingly, the petitioner, namely, Rajesh Kumar in the event of his arrest/surrender within four weeks, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten thousand)with two sureties of the like amount each to the satisfaction of Sri A.L.Yadav, J.M.Ist Class, Gaya, in connection with Civil Lines P.S.Case No.234/2006, subject to the conditions as laid down under Section 438(2)Cr.P.C. as also to the following conditions. (i) the petitioner shall report to the nearest Police Station(Kotwali P.S) in the township of Gaya every alternative week(preferably on Saturday or Sunday) for a period of six months from his release. In the event of default in his appearance before the Officer- in-charge of Kotwali Police Station, the Officer-in-charge of the Police Station shall promptly report to the court in seisin of the matter whereafter the court below shall be at liberty to cancel his bail bond and secure his arrest in accordance with law. SKBOSE (Kishore K.Mandal)