IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12091 of 2011 RAJESHWAR RAI Versus THE STATE OF BIHAR 3 15-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is an accused in a case registered under sections-365, 368, 369/34 of the Indian Penal Code on the allegation that he asked the co-accused, Nagendra singh @ Lamboo to kidnap a child for delivery to the uncle of the petitioner and for which the aforesaid, co-accused, Nagendra Singh @ Lamboo took Rs 1,50,000/- Subsequently, the victim was kidnapped and brought to the house of uncle of the petitioner from where, the aforesaid child was recovered in course of inquiry. Learned counsel for the petitioner submits that the informant has already compromised this case with petitioner which is evident from Annexure-1 of supplementary affidavit. It is also contended by him that neither petitioner kidnapped the victim nor the victim has been recovered from conscious possession of the petitioner. It appears from perusal of the impugned order that the petitioner played a role of mediator in the alleged crime and on his instigation, the alleged occurrence took place, so I do not think it proper to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in - 2 - connection with Maker P.S. Case No. 48 of 2010 stands rejected. However, the petitioner may renew his prayer for bail if no progress is made in his trial. AKV/- (Hemant Kumar Srivastava,J.)