IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1903 of 2010 LALU PASWAN, SON OF SIKANDAR PASWAN Versus STATE OF BIHAR ----------- 3. 06/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 363 and 366(A) of the Indian Penal Code. The allegation against the petitioner and other co- accused is that they kidnapped the daughter of the Complainant. However, even though the occurrence was said to have taken place on 18.6.2008 but the complaint was filed only on 9.7.2008. Moreover, when the victim was recovered, she gave her statement under Section 164 Cr. P.C. that the accused persons themselves brought her back to Nath Nagar from where she was recovered by the Police. The submission is that had the petitioner kidnapped the girl in question, she would not have been brought back by them. Moreover, the documents annexed in the petition, demonstrates that in fact, the victim and one Raju Paswan were in love with each other and have married and submission is because petitioner assisted the same, therefore, has been implicated. In view of such, let the petitioner above named, who is in custody since 29.5.2009 and has no criminal antecedents, 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, Banka, in Rajoun P.S. - 2 - Case No. 112 of 2008 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 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. S.Ali (Anjana Prakash, J.)