IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25179 of 2011 1. Binda Rajwar son of Dahin Rajwar & 2. Loha Rajwar son of Late Ramdhari Rawar …Petitioners Versus The State Of Bihar …OP ----------- 2/ 05.08.2011 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under sections 364, 120-B, 341, 323/34 of the Indian Penal Code. It has been submitted that the petitioners are named in the First Information Report on the basis of suspicion since there was a suspected love affairs between the daughter of the co-accused Loha Rajwar and the kidnapped victim and the petitioner no.1 is the brother-in-law of the petitioner no.2 Loha Rajwar. Apart from this vague suspicion as also the confessional statement of the co-accused there is no cogent material as also they have fair antecedents. Considering the same, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Sasaram, in connection with Rohtas (Amjhore ) P.S. Case No.100 of 2010, subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the affidavit shall clearly state that the petitioners are not accused in 2 any other case and, if they are, they shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their 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 petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)