IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50701 of 2008 1. RAM BALI SINGH son of Late Basudeo Mahto 2. Sheo Murat Singh son of Ram Bali Singh 3. Munna Singh 4. Upendra Singh Both sons of Sheo Jagi Singh All residents of village- Panchpohari, P.S.- Kudra, District- Kaimur at Bhabua. ----- Petitioners. Versus STATE OF BIHAR ----- Opposite Party. ----------- 2 27.1.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the informant. One Sugandha Devi was married to Motilal Singh. Motilal Singh has a brother by the name of Arvind Kumar Singh who has allegedly been kidnapped on 20.1.2005. There was some marital dispute between Sugandha Devi and Motilal Singh which led to a compromise signed on 27.2.2005 wherein it is said that Arvind Kumar Singh has also signed on the document. A case was instituted by Sugandha Devi against her husband under Section 498A in which cognizance was taken on 29.1.2006. Thereafter a case was instituted by Govind Singh alleging that his son Arvind Kumar Singh has been kidnapped. The said case was instituted on 9.10.2006. There is some sort of explanation given in the First Information 2 Report lodged on behalf of the complainant to say that they were under the bonafide belief that the son was safe at Delhi. The case was filed after delay which seems to be rather a weak explanation. In any event after investigation final form was submitted. Thereafter the present complaint petition has been filed in which cognizance has been taken. Petitioner no. 1 is 80 years of age and he is the father of Sugandha Devi whereas petitioner no. 2 is a handicapped person and he is the brother of Sugandha Devi and petitioners 3 and 4 are sons of the witnesses in the case under Section 498A. Learned counsel submits on the basis of the fact that earlier final form was submitted and the present order of cognizance is based on the protest petition, prays that the petitioners may be released on bail. It is also submitted that the First Information Report for the alleged kidnapping has been instituted after a gap of eight months which shows that the entire case is false, fabricated and has been instituted out of malice. Be that as it may, petitioners namely 3 Ram Bali Singh, Sheo Murat Singh, Munna Singh and Upendra Singh are directed to be released on anticipatory bail in the event of their arrest or surrender in connection with Complaint Case No. 1305 of 2007 corresponding to Tr. No. 3196 of 2008 on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Bhabua subject to the conditions laid down under Section 438(2) Cr.P.C. Sanjay (Sheema Ali Khan, J.)