IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19631 of 2010 RUTAN YADAV Versus STATE OF BIHAR ----------- 02/ 14.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising from Sonbarsa Raj P.S. Case No. 26 of 2009 for offences punishable under Sections 147, 148, 149, 307, 379, 364, 511 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the present petitioner is of aiding the kidnapping of the daughter of the informant. Learned counsel for the petitioner, with reference to Annexure-2 which is an F.I.R. instituted by Ashok Yadav, the relative of present petitioner, against the informant and others in relation to kidnapping of his daughter Shabnam Kumari giving rise to Sonbarsa Raj P.S. Case No. 25 of 2009, submits that the present case is a counter blast to the earlier case. He submits that by way of retaliation the petitioner has been roped in the present proceedings. Learned counsel, with reference to an order passed in Criminal Misc. No. 40049 of 2009 dated 25.11.2009, submits that the case of the present petitioner is on same and similar footing and thus deserves consideration. Having regard to the submissions aforesaid, let the petitioner Rutan Yadav be released on bail on furnishing bail bond of - 2 - Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj P.S. Case No. 26 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 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; (iii) 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. S.Sb/- (Jyoti Saran, J.)