IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5522 of 2010 SONU SHARMA Versus STATE OF BIHAR -- -----a---- 2 24.2.2010 Heard the learned counsel for the parties. The petitioner seeks bail in a case under sections 364 and 120(B) of the I.P.C. The informant in the present F.I.R. stated that her son visited the house of several persons including that of the present petitioner and thereafter he went missing. The petitioner, his wife and his father-in-law informed the informant that the victim was missing and his bag had been sent to the house of Shyam Sharma. On looking into the bag it was found that it contained only children’ cloths but Rs.20,000/- which was said to be in possession of the victim was found missing. Thereafter the F.I.R. was instituted against the present petitioner as well as the others suspecting them of having kidnapped and killed her son in pursuance of a conspiracy. It has been submitted that there is no eye witness to the occurrence and the petitioner also does not have any criminal antecedent. In view of such let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Katihar, in Azamnagar P.S. Case No.183/09 subject to the conditions that ( a) one of the bailers will be a close relative of 2 the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner, (b) 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, (c) the bailer 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 sand thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (d) 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. The Magistrate before release the petitioner on bail will verify the fact that the petitioner has no criminal antecedent. AnilKr.Sinha (Anjana Prakash,J.)