IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.245 of 2009 DHIRENDRA PRASAD @ DHIRENDRA KUMAR @ DHIRENDRA PRASAD SINGH Versus STATE OF BIHAR ----------- 4 18.02.2009 The petitioner has renewed his prayer for grant of bail in a case instituted under section 364 of Indian Penal Code in which sections 363, 365 and 368 of Indian Penal Code were added later on. Earlier his prayer for bail was considered by this Court and disposed of under order dated 19.2.2008. The said order reads thus: “Heard both sides. The petitioner is an accused in a case instituted under sections 363, 365 and 368 of I.P.C. The petitioner is named in the F.I.R.. As per allegation, the petitioner with other co-accused, took the son of the informant on some pretext and kidnapped. It further appears that he was forcibly married to a girl. After marriage, the kidnapped boy returned home and made statement under section 164 Cr.P.C. in which he has narrated about the implication of the petitioner. It has been stated that he is in custody since 11.12.2007. Considering the allegations and the materials available on record, I am not inclined to grant privilege of bail to the petitioner and accordingly his bail application is rejected. The petitioner is at liberty to move this Court if the trial of the case is not taken up within 9 months from the date of receipt of the communication.” In this proceeding, a status report was called for from the Trial Court under order dated 28.1.2009. In pursuance whereof, the status report has been furnished to this Court which is placed at Flag-B. The report indicates that very - 2 - recently on 4.2.2009, the Trial Court framed charges against the petitioner. In view of the order dated 19.2.2008, this Court is now inclined to admit him to bail. The petitioner abovenamed is directed to be released from custody on furnishing bail bond of Rs. 8,000/- (eight thousand) with two sureties of the like amount each to the satisfaction of Sri Ram Bihari, learned Judicial Magistrate, Ist Class, Lakhisarai in G.R. No. 802 of 2007 arising out of Lakhisarai P.S. case no. 303 of 2007 subject to the following conditions: (i) One of the bailers shall be own/close family members of the petitioner. (ii) The petitioner shall appear before the Trial Court on the dates fixed in the trial and in case of default in such appearance without any sufficient/compelling reasons, the Trial Court shall be at liberty to cancel the bail bond of the petitioner and to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J )