IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44900 of 2009 MUNNA KAHAR SON OF SRI VISHWA NATH KAHAR Versus STATE OF BIHAR ----------- 2. 22.12.2009 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 366A/34 of the Indian Penal Code. By an order dated 14.7.2006 passed in Cr.Misc.No.13708 of 2006 the petitioner had been granted bail on condition that he would not indulge in a case of similar nature, but during trial even though the victim repeatedly stated that she wanted to stay with the petitioner she was released in favour of the parents and thereafter she chose to come again with the petitioner for which a separate case of kidnapping was instituted and, therefore, his bail was cancelled. The petitioner has, therefore, been put behind the bars for reasons of misuse of bail. Taking into consideration the aforementioned facts, let the petitioner above named, who is in custody since 17.11.2009, 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 2nd Addl. Sessions Judge, Bhojpur, Ara in Sessions Trial No.165 of 2006 arising out of Ara Town P.S.case No.305 of 2005, subject to the conditions (i) that one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner and (ii) that the petitioner will be well represented on each date and if he fails to do so on two - 2 - consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )