IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30068 of 2009 UPENDRA SAO, son of Chandarik Sao, resident of village- Jayram Khap, P.S. Amas, District- Gaya …….. Petitioner Versus THE STATE OF BIHAR ………. Opp.Party ----------- 3. 06/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under sections 364 and 120(B) of the Indian Penal Code. In the complaint, the complainant alleged that her husband was taken to Surat by petitioner and one another accused, namely, Binod Sao. These accused persons returned but her husband did not return. She has expressed her suspicion of some untoward incident committed by the accused persons against her husband. Annexure-2 is a petition by the mother of the husband of the complainant, from which it appears that her son used to leave her wife being disgusted from her and used to go to Surat to earn his livelihood since last fifteen years and the complainant has lodged this false complaint case against this petitioner, who is her step son, and step brother of complainant’s husband. It is said that the co-accused has been - 2 - allowed bail by the court below itself but this petitioner has been refused bail. Petitioner is in custody since March, 2009. Considering the above facts and circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., sherghati, District- Gaya, in Amas P.S.Case No.27 of 2009 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)