IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6469 of 2010 BABAN RAI @ BABAN KUMAR RAI, S/o Ram Chalitra Rai. Versus THE STATE OF BIHAR ----------- 03. 30.07.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 364/34 of the Indian Penal Code. It has been submitted that the petitioner is not named in the First Information Report which has been instituted about the alleged kidnapping of the son of the informant. Subsequently, during investigation there were some circumstances implicating the petitioner but when the petitioner was nabbed his statement was recorded under Section 164 Cr.P.C. and he stated that he used to help the daughter of the informant in her love affairs which was inter- caste and was not acceptable to the informant due to which he had been implicated. In paragraph 24 of the case diary it has been mentioned that some body demanded ransom from the informant and that it should be paid through the petitioner who was working in the shop of the informant. Considering that the petitioner is the uncle of the victim boy distantly, it does not seem probable that he is working as a servant in the shop of the informant, let the petitioner, above named who is in custody since 24.02.2009 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 to the satisfaction of 1st 2 Additional Sessions Judge, Sitamarhi in connection with S.Tr. No. 352 of 2009/27 of 2009 arising out of Nanpur P.S. Case No. 17 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. The bailor will also undertake to inform the Court if there is any change in the address of 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. (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. Vikash/- (Anjana Prakash, J.)