IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5017 of 2010 BIMLESH MAHTO, son of Hirdayan Mahto Versus STATE OF BIHAR ----------- 2/ 22.02.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 363 and 365 of the Indian Penal Code. It has been stated that the petitioner is not named in the First Information Report, wherein, co-accused Ajay Mahto has been named. During course of investigation, it transpired that the petitioner had also assisted Ajay Mahto in kidnapping of the girl, in question. In the split up trial, seven witnesses out of ten have been declared hostile and P.W.9, who was the eye witness, did not state anything against the petitioner. Taking into consideration the aforesaid, let the petitioner, above named, who is in custody since 2.12.2009, 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 the Sub-Divisional Judicial Magistrate, Muzaffarpur, West in connection with Paroo P.S. case no.109 of 2006, subject to the 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 petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge - 2 - 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. The Magistrate will immediately commit the case for trial so that the same can be heard along with Session strialNo.478 of 2009 pending in the court of the Additional Sessions Judge, 7th, Muzaffarpur. JA/- (Anjana Prakash, J.)