IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30501 of 2010 MANISH KUMAR, SON OF NAGESHWAR PRASAD Versus STATE OF BIHAR -----------
2. 07.09.2010 Heard learned counsel for the petitioner and the
The petitioner seeks bail in a case instituted for the
offence under Sections 366, 366(A) and 34 of the Indian Penal
It has been submitted that from the narrative of the
statement of the alleged victim recorded under Section 164 Cr.
P.C. it is apparent that it is not a case of kidnapping.
In view of such, let the petitioner 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 concerned to the satisfaction of
Chief Judicial Magistrate, Nalanda at Bihar Sharif in Silao P.S.
Case No. 10 of 2010 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. The bailor will undertake to furnish
information to the Court about any change in address of the
petitioner. (ii)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.
(iii)That the petitioner will be well represented on each date and
if he fails to do so on two consecutive dates, his bail will be
liable to be cancelled.
The Magistrate shall immediately commit the case to
the court of Sessions and the trial court in seisin of the case
shall pass appropriate orders as to whether any offence is
made out against the accused persons in view of the statement
of the victim recorded under Section 164 Cr. P.C.
( Anjana Prakash, J.)