IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.29263 of 2009 Shabd Kumar @ Sampu, son of Prem Lal Gupta, resident of Mohalla Nala Road, Police Station Kadam Kuan, district Patna .. Petitioner Versus The State of Bihar .. Opposite Party With Cr. Misc. No.30950 of 2009 Deepak Kumar @ Deepu @ Deepak Gupta, son of Prem Lal Gupta, resident of Mohalla Nalara Road, Police Station Kadam Kuan, district Patna .. Petitioner Versus The State of Bihar .. Opposite party **** /2/ 26.08.2009 Heard the counsel for the petitioner and the State. 2. In the incident victim girl, daughter of the informant is found traceless assuming a case of dowry death. Petitioners along with other family members have been involved in the case which is countered on the ground that after missing of the girl from the house, her parents came and trace was made everywhere, even that was advertised with photographs in other electronic medias but there was no trace. It is specifically stressed that till today, there is no evidence about death of the victim. So, it can not be a case of dowry 2 death. 3. According to the learned counsel, victim girl found traceless on valentine day. She had talked with her brother. One of the acts to me also appearing to find the allegations genuine is false explanation regarding her going in a marriage party. If really that was the version of members of the in-laws including this petitioners, there was no reaction from 14.02.2009 to 03.03.2009 rather informant family members also cooperate petitioners’ family in searching the lady and informant’s son did not support the version while informant was reported by him. Though it is submitted that it could be possible only believing the accused persons but that can not be taken as an evidence to conclude the death and petitioners’ having their hand in the same. 4. In the discussed circumstances, petitioners’ arrest at the moment in my view is not justified. Accordingly, the prayer of petitioner for anticipatory bail is allowed. 5. Considering the facts, the prayer for anticipatory bail on behalf of the petitioners, Shabd Kumar @ Sampu (Cr. Misc. No. 29263 of 2009) and Deepak Kumar @ Deepu @ Deepak Gupta (Cr. Misc. No. 30950 of 2009) is allowed. They are directed to be released on anticipatory bail, on their 3 surrender before the concerned Court within four weeks from the date of receipt/production of a copy of this order, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Kadam Kuan P.S. Case No. 73 of 2009 to the satisfaction of the Chief Judicial Magistrate, Patna, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. (Mandhata Singh, J.)