IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20699 of 2010 UDAY TIWARY, SON OF SRI JODHA TIWARY Versus THE STATE OF BIHAR ----------- 3. 14.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 366, 364 and 34 of the Indian Penal Code. It has been submitted that the present case pertains to the alleged kidnapping of the daughter-in-law and three children of the Informant. Later the daughter-in-law was apprehended but initially she refused to give statement under Section 164 Cr. P.C. and, thereafter, appeared and made incriminating statement against the petitioner that he was involved in taking her to various places. Further submission is that from the facts of the case, it does not appear to be a case of kidnapping as it does not seem probable that the victim, who is 45 years of age, would be taken alone without detection in the manner narrated by her. In view of such, let the petitioner above named, who is in custody since 6.5.2010 and has no criminal antecedents, 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 Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case No. 442 of 2007 subject to the 2 following 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 bailor will undertake to furnish information to the court about any change in address of the petitioner and the other shall be the father of the petitioner. (ii)That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii)That the bailor shall also state on affidavit that he 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. S.Ali ( Anjana Prakash, J.)