IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40941 of 2009 RAM HIRDAY THAKUR SON OF VAIDNATH THAKUR Versus STATE OF BIHAR ----------- 3. 21.1.2010 Heard learned Counsel for the petitioner, the State and the informant. The petitioner seeks bail in a case instituted for the offence under Sections 363 and 366A of the Indian Penal Code. The allegation against the petitioner is of having kidnapped minor daughter of the informant. However, during investigation it transpired that the petitioner used to sleep in the house of the informant, in course of which the victim and the present petitioner developed a soft corner for each other. There is also material in the case diary to suggest that in fact the victim girl has hidden herself in Nepal with the present petitioner and it was not a case of kidnapping. So, let the petitioner above named, who is in custody since 17.8.2009, 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 Chief Judicial Magistrate, Madhubani in Khajuali P.S.case No.43 of 2000, 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, (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 - 2 - and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse of bail and (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. Narendra/ ( Anjana Prakash, J. )