IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18978 of 2009 SANT KUMAR GUPTA @ SANT KUMAR Versus The STATE OF BIHAR ------ 5/ 20.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. In the incident victim girl, daughter of the informant is found traceless assuming a case of dowry death. Petitioner along with other family members have been involved in the case which is countered on the ground that after missing of the girl from the house, her parents came and trace was made everywhere, even that was advertised with photographs in other electronic medias but there was no trace. It is specifically stressed that till today, there is no evidence about death of the victim. So, it cannot be a case of dowry death. According to the learned counsel, victim girl found traceless on valentine day. She had talked with her brother. One of the acts to me also appearing to find the allegations genuine is false explanation regarding her going in a marriage party. If really that was the version of members of the in-laws including this petitioner, there was no reaction from 14.02.2009 to 03.03.2009 rather informant family members also cooperate petitioner’s family in searching the lady and informant’s son did not support the version while informant was reported by him. Though it is submitted that it could be possible only believing the accused persons but that cannot be taken as a evidence to conclude the death and petitioner’s having 2 his hand in the same. In the discussed circumstances, petitioner’s arrest at the moment in my view is not justified. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Kadam Kuan P.S. Case No. 73 of 2009, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Patna subject to the conditions as laid down under Section 438(2) of Cr. P.C. However, justification to allow the petitioner on bail shall be reconsidered at the stage of framing of the charge considering the material collected by the Investigating Agency. shail (Mandhata Singh, J.)