IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 32015 of 2011 Shailesh Kumar, S/o Sri Saman Yadav. Versus The State of Bihar ---------------- 03. 23.11.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 366A of the Indian Penal Code. There is allegation in the First Information Report that the petitioner had kidnapped the daughter of the informant and she also gave an incriminating statement under Sections 161 and 164 Cr.P.C. but in paragraph 46 it has been noted that when the police was looking for the victim they found her out with the petitioner with vermilion on her head suggesting consent between the parties and she stated that she had married the petitioner. Considering the same, let the petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sri Ram Chandra Prasad, Judicial Magistrate, 1st Class, Jehanabad (or its successor) in connection with Kako P.S. Case No. 119 of 2011 subject to the following conditions:- (i) That one of the bailors will 2 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 an 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.)