IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45198 of 2009 PRANAY KUMAR @ PRANAY KUMAR CHOUDHARY, son of Sheo Chandra Choudhary Versus STATE OF BIHAR ----------- 2/ 08.01.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under sections 364-A, 120-B of the Indian Penal Code. It has been submitted that the petitioner happens to be the relative of the informant and, therefore, well known to the family despite which the victim in his statement under section 164 Cr.P.C. did not name the petitioner. In the first information report also only suspicion has been cast against him on account of earlier dispute between two families. Under the circumstances, let the petitioner, above named, who is in custody since 10.10.2008, 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 Additional Sessions Judge-cum- Fast Track Court No.5, Samastipur, in connection with S. Tr. No.885 of 2008, 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 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, (iii) that the petitioner will give an undertaking that he will - 2 - 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 and (iv) 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. The petitioner submits that he has been implicated falsely on account of hostile attitude of the local police and wishes to redeem his self esteem and work for social cause. Under the circumstances, let the petitioner report to the Head Priest of Thaneshwar Asthan Temple, situated at Samastipur, along with a copy of this order within two weeks after his release and file a certificate in this regard in the court below. The Head Priest is requested to engage the petitioner in fruitful activities for the next six months and give a certificate about his conduct at the end of six months to be filed by the petitioner in the court below. JA/- (Anjana Prakash, J.)