IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21641 of 2009 1. Hasib Roy S/o Aiyub Roy 2. Islam Roy S/o Rozid Roy 3. Ziabul Roy s/o Islam Roy 4. Gulzarun W/o Hasib Roy 5. Golu S/o Hasib Roy 6. Kolu Roy S/o Hasib Roy 7. Farman S/o Baze Roy All resident of village Chourasi P.S.Bahadurganj Dist. Kishanganj 8. Azim Roy @ Azim S/o Jaggu Roy 9. Md Arif s/o Azim Roy Both resident of village Balua Kaliyaganj P.S. Terhagachh Dist. Kishanganj Versus Petitioners STATE OF BIHAR Opp. Party ----------- 2 06.08.2009 Heard learned counsel for the petitioners and the State. Complaint case has been filed alleging for the offence under sections 364, 364A, 365 and 120B IPC. However, cognizance has been taken under section 364A/34 IPC. Counsel for the petitioners submits that completely a false and fabricated case has been instituted as the son of the complainant has never been kidnapped rather had gone to Delhi in the company of his friend, without informing his father and family members. Subsequently, he returned back and father of the victim filed a petition before the CJM, Araria on 24.2.2009 that the complaint was filed under mis-conception regarding kidnapping of his son. Considering the above facts, the prayer for anticipatory bail of petitioners is allowed. If the petitioners surrender within four weeks from the date of receipt/production of a copy of this order, they (Hasib Roy, Islam Roy, Ziabul Roy, Gulzarun, Golu, Kolu Roy, Farman , Azim Roy @ Azim and Md Arif) shall be released on bail on - 2 - furnishing bail bond of Rs 10,000/ - (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Complaint Case no. 1997C of 2006 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Mridula Mishra, J)