IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22597 of 2009 1. MAHENDRA YADAV, son of Late-Kishundeo Yadav. 2. RAJESH KUMAR YADAV @ RAJESH YADAV, son of Late-Kishundeo Yadav. 3. MAHESHWARI YADAV, son of Shri. Bishundeo Yadav. 4. TAPESHWAR PODDAR, son of Late-Ramdeo Poddar, all are resident of village-Ufrail, P.S.-K. Nagar(Sri Nagar), District-Purnea. ……Petitioners. Versus The State Of Bihar …..Opposite Party. ----------- 03. 21.08.2009 Petitioner Nos. 1, 2 and 4 apprehend arrest in Complaint Case No. 44 of 2008 for the offences under Sections 365 and323 of the Indian Penal Code. This complaint case is based on a protest petition which was filed when the police submitted final form in K. Nagar( Sri. Nagar) P.S. Case No. 32/2007. It is submitted that police on investigation found that the petitioners, informant and the victim boy are agnate and in fact the victim boy has never been kidnapped but was hiding himself. In support thereof petitioners state that the victim boy did appear and the application on his behalf was filed in the Court below to record his statement under Section 164 Cr. P.C. but the Court declined and asked him to go to police since then the victim boy had again disappeared. It is submitted that this along with the police investigation conclusively show that the victim boy is deliberately stealing himself to make out a case against the petitioners. - 2 - Be that as it may, let the petitioners namely 1. Mahendra Yadav 2. Rajesh Kumar Yadav 3. Tapeshwar Poddar, in the event of their arrest or surrender within a period of four weeks from today, be directed to be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with C.A. No. 44 of 2008 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)