IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16324 of 2011 ====================================================== 1. Ramesh Chaudhary , son of Ram Prasad Chaudhary, resident of Village- Neora Tikaitpur, P.S.- Bihta, District- Patna. 2. Chetan Chaudhary, Son of Bijendra Chaudhary, resident of Kohala Chack, P.S. Chanaruwa, District- Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s. Abhya Kumar and Ramchandra Singh, Advocates. For the Opposite Party/s : Mr. Mushtaque Alam, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 15-10-2011 Heard. The petitioners apprehend their arrest in the entire criminal prosecution registered under Sections 364/120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that the entire criminal prosecution against the petitioners is based on mere suspicion and surmises. It is also submitted that even according to the prosecution case, the main allegation of abduction of the victim Shankuntala Devi is against co-accused Sonu Kumar. It is further highlighted that there had been some litigations between the parties from before and for that reason, the petitioners have been falsely implicated. Learned Additional Public Prosecutor, appearing for the State, has opposed the prayer for anticipatory bail and has further submitted that the petitioners had very strong motive for committing the crime in question. Patna High Court Cr.Misc. No.16324 of 2011 (3) dt.15-10-2011 2 / 2 2 This Court finds that though the victim lady Shankuntala Devi was abducted as far back as on 29.07.2008 and despite passage of more than three years, she is still traceless. In the aforesaid facts and circumstances and in view of nature of allegation, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is, accordingly, rejected. The petitioners must surrender in the court below within a period of four weeks from today in connection with Jakkanpur P.S. Case No. 196 of 2008, G.R. No. 5015 of 2008, pending in the court of learned C.J.M., Patna and, if so advised, seek regular bail, which shall be considered on its own merit, without being prejudiced by the present order. BTiwary/- (Birendra Prasad Verma, J)