IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25550 of 2009 Babu Nandan Yadav, Son of Late Mukhlal Rai, resident of Village Chakki, Police Station Sonbarsa in the district of Sitamarhi……………………………………………………..……….Petitioner Versus The State Of Bihar……………….Opposite Party ----------- 7. 15.09.2010 Heard learned senior counsel for the petitioner as well as learned counsel for the State. The case is under Sections 364 A, 342, 506, 363 and 366A of the Indian Penal Code. Petitioner is the father of the accused boy. Earlier this Court had allowed the provisional bail to the petitioner so that he may make an attempt to persuade his son to appear before the court along with the girl and to get their statements recorded under Section 164, Cr.P.C. Petitioner could not succeed in his attempt and he surrendered before expiry of period of provisional bail and since then he is in jail and it is said that he has completed the period of one year and three months in jail by now. It is said that petitioner is 70 years old. Learned senior counsel for the 2 petitioner submits that son of the petitioner is not under his control and the boy and the girl are living peacefully without disclosing their whereabouts, as husband and wife. Case diary was called for and the same has been received. From the case diary it appears that some independent witnesses have disclosed before the Investigating Officer that the boy and the girl were having love affair from before and probably, the girl had disappeared with the boy with consent. Be that as it may, since petitioner is said to be 70 years old and he has completed the period of one year and three months in jail and it is said that charge sheet has been submitted against him, the application is allowed. Let petitioner (Babu Nandan Yadav) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No.172 of 2009 with conditions as laid down in sub-section (3) 3 of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)