IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4886 of 2008 RM CHANDRA RAI & ANR Versus THE STATE OF BIHAR ----------- 03 14.05.2008 Heard both sides. The petitioners are named accused in a case instituted under sections 364,365, 120B of the Indian Penal Code. As per First Information Report the petitioners are responsible for kidnapping the younger brother of complainant namely, Jintendra Kumar Singh. Learned counsel for the petitioners submits that this is a counter case. Referring to Annexure-2, it has been submitted that the wife of the kidnapped person namely ,Jitendra Kumar Singh had earlier lodged a complaint against her husband and all other inmates including the complainant of the present case alleging therein that the in- laws and the husband were ill treating the complainant. On the basis of said statement it has been submitted that a false case has been lodged against the petitioners. Learned counsel for the petitioners further submits that the victim namely, Jitendra Kumar Singh is living in Kolkata. From the impugned order, it appears that the kidnapped person is still traceless. Considering the submissions, this Court is not inclined to grant anticipatory bail to the petitioners and accordingly their prayer for the same is rejected. They are 2 directed to surrender and pray for regular bail in the court below within one moth from today. Needless to say that in the event of such surrender and making an application for grant of bail the Court below shall consider the same on its own merit without being prejudiced by the Order passed by this Court in the present proceeding. This bail application shall stands dismissed. Sym/ (Kishore K. Mandal, J.)