IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51090 of 2008 RAM BHAJJU MALAKAR @ RAM BHAJJU PRASAD S/O-Late Raghunandan Bhagat, R/O-Mohalla-Narayan Nagar, Teacher’s Colony, P.S.-Muffasill Gaya, Distt.-Gaya. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.51091 of 2008 MOSMAT JHALO DEVI W/O-Late Siddheshwar Malakar, R/O-Vill-Nauranga, P.S.-Mufassil [Manpur], Distt.-Gaya. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 3/ 09.04.2009 Learned Counsel for the petitioners is permitted to make necessary corrections in the prayer portion of the application. Since both above these bail applications have arisen out of one occurrence i.e. S.T. No. 08/2009 arising out of Gaya Muffasil P.S. Case No. 153 of 2008, they have been heard together and are being disposed of by this common order. The case has been registered under Section 364 of the Indian Penal Code. It appears from the FIR that the informant and the petitioner are closely related. Petitioner Mosmat Jhalo Devi is step-mother of the informant. Allegation is that the informant’s son namely Shubham Kumar aged five years was found missing. It was suspected that he might have been kidnapped by the petitioners who were forcibly living in the house of the - 2 - informant. It has also been alleged that Ram Bhajju Malakar @ Ram Bhajju Prasad was having illicit relationship with the informant’s mother. The boy has not been recovered as yet. Learned Counsel for the informant submits that the trial has begun. One witness has been examined and has stated that she has seen the petitioners going with the boy. There is no explanation, as to why this fact was not mentioned in the First Information Report that the accused persons were carrying the boy at the time of giving statement. Considering the facts and circumstances of the case, the petitioners Ram Bhajju Malakar @ Ram Bhajju Prasad (in Cr. Misc. No. 51090 of 2008) and Mosmat Jhalo Devi (in Cr. Misc. No. 51091 of 2008) are directed to be released from custody on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, F.T.C. No. IV, Gaya in connection with S.T. No.-08 of 2009 arising out of Muffasil P.S. Case No. 153 of 2008/G.R. No. 1952 of 2008. kksinha/ (Shyam Kishore Sharma, J.)