IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16017 of 2011 Kamlesh Dubey son of Chandradev Dubey, resident of village JamunapurDhiroli, P.S. Laukariya District West Champaran …Petitioner Versus The State of Bihar …………………Opposite Party. ----------- 3 22.07.2011 Nobody appears on behalf of the petitioner. However, I have heard learned Additional Public Prosecutor appearing on behalf of the State. In a criminal prosecution registered under section 364 A of the Indian Penal Code, petitioner is not specifically named in the first information report as an accused. Allegation is that Rs. 60,000/- was demanded by the miscreant for release of three sons of the informant. From the materials available on record, it is apparent that all the victims have been recovered. There is no material to show that release was on payment of ransom. The petitioner is in custody since 18.11.2010. From the order passed by the learned Sessions Court, it appears that there is no criminal history against the petitioner. He claims to be the Secretary of ‘Bal Kalayan Niketan’ an N.G.O. engaged in welfare of child labour. In the aforesaid facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha P.S. Case no. 464 of 2010 subject to the conditions: 2 (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) If the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Rahman/ ( Birendra Prasad Verma, J.)