IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46503 of 2009 AKHILESH SINGH, S/o Sri Sidheswar Singh. Versus THE STATE OF BIHAR ----------- 02. 12.01.2010 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363, 366 and 366A/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report and subsequently the victim gave statement in the Court of Judicial Magistrate, Gurgaon on 29.10.2009 that she had married with Amit Kumar on her own sweet-will and living with him and thereafter when she was produced before the Magistrate at Jehanabad she stated that she was kidnapped and thereafter forcibly married with Dharmendra which is the alias name of Amit Kumar but has not disclosed the name or the implication of the present petitioner in any manner. Taking into consideration the afore-mentioned facts, let the petitioner above named who is in custody since 23.11.2009 and has no criminal antecedent be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each - 2 - to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 438 of 2009 subject to the 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. (ii) That the affidavit shall clearly state that the petitioner is not 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. Vikash/- (Anjana Prakash, J.)