IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.8928 of 2010 1. Shivnandan Mahto, S/o Late Chatrapati Mahto 2. Manoj Kumar, S/o Shivnandan Mahto Both residents of village- Chorsuwa, PS Giriyak, District Nalanda Versus STATE OF BIHAR ----------- 2 16-04-2010 Heard learned counsel for the petitioners and learned counsel for the State. On behalf of the petitioners it has been submitted that the present case u/s 364/120(B)/34 of the IPC was lodged on 22-12-09 by informant Dharmshila Devi by falsely claiming to be wife of the alleged victim Deepak Prasad who is admittedly son of co-accused Raj Kumar Prasad whose son and other family members have also been made accused. It has been pointed out that father of the victim had lodged a complaint case on 14-12-09, that is, about a week prior to the present case u/s 302, 201/34 of the IPC against informant’s father and other family members and the present case has been lodged only to put pressure. It is pointed out that there is no motive alleged for the offence as to why family members of Deepak would kidnap him. In the facts of the case, the prayer for anticipatory bail is allowed. Let the petitioners namely, 1. Shivnandan Mahto and 2. Manoj Kumar in the event of their arrest/surrender within a period of six weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial 2 Magistrate, Nalanda at Biharsharif in connection with Deepnagar PS case No. 261/09, subject to condition as laid down under section 438(2) of the Code of Criminal Procedure. BKS/- (Shiva Kirti Singh, J.)