IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37498 of 2009 PRAMOD KUMAR @ PRAMOD YADAV SON OF LATE TURAN YADAV @ TUTAN YADAV @ NARESH YADAV, RESIDENT OF VILLAGE – CHAK – SARAI BHERGAWAN, P.S. DHANARUA, DISTT. PATNA ------ PETITIONER. Versus THE STATE OF BIHAR ----------- For the petitioner : Mr. Kameshwar Pd. Sinha, Adv. For the State : Mr. Ram Priya Sharan Singh,A.P.P. ---------- 4. 23/12/2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case under Section 364 of the Indian Penal Code. It is submitted that on the basis of suspicion, petitioner has been named in the First Information Report. However, the petitioner has filed supplementary affidavit enclosing therein the order of the Sub Divisional Judicial Magistrate, Masaurhi, purported to have been passed with regard to this case wherein it is stated that the kidnapped person has been recovered and was produced before the court from the house of the informant by the Police. It is submitted that the court concerned has observed that the kidnapped person appears to be of weak mental condition. Therefore, he has already been directed to be handed over to his father. Petitioner is stated to be in custody since 6.6.2009. Learned counsel for the State submitted that the case diary is only till 31.8.2009 and charge sheet has already been submitted in this case and on 9.11.2009 cognizance has 2 also taken by the court under Section 364 of the Indian Penal Code. However, it appears that subsequently, the kidnapped boy has been recovered and produced before the court. Having regard to the facts and circumstances of the case, petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Masaurhi, in connection with Dhanarua, P.S. Case No. 45 of 2009 on further conditions (1) that one of the bailors must be a close relative on the family member of the petitioner who shall state on affidavit before the concerned court, giving complete genealogy as to how he is related to the petitioner. (ii) Petitioner should be well represented during course of trial on each and every date and if he fails to appear on two consecutive dates without his presence having been dispensed in accordance with law, the concerned court shall be at liberty to take steps for cancellation of his bail bond. S.Ali (Dr. Ravi Ranjan, J.)