IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46485 of 2009 RAM LAGAN SAH, S/o Late Ram Ratan Sah. Versus THE STATE OF BIHAR ----------- 03. 03.03.2010 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 364, 365, 366 and 367 of the Indian Penal Code. The complainant has alleged that the wife of his brother Bindeshwar Bhandari namely Ranju Devi had run away with co-accused Ram Vinay Sah the son of the present petitioner and when she was produced before the court she desired to go with Ram Vinay Sah in shock of which the complainant’s brother Bindeswar Bhandari lost his life. Thereafter, his sons Vikash Bhandari and Guddu Bhandari were given to the complainant by the deceased Bindeshwar Bhandari for their upkeep. On the date of occurrence co-accused, Ram Vinay Sah is said to have come to the house of the complainant to forcibly take away Guddu Bhandari the son of Bindeshwar Bhandari and Ranju Devi who was residing with him. From the - 2 - perusal of the complaint it appears that Ram Vinay Sah with the assistance of the present petitioner had taken away Guddu Bhandari who also happens to be the son of his present wife Ranju Devi. In the facts of the case, let the petitioner above named who is in custody since 25.09.2009 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 Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 98 of 2009 (G.R. No. 1598 of 2009) 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 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 - 3 - 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. Vikash/- (Anjana Prakash, J.)