IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6565 of 2009 RAJU KUMAR Versus STATE OF BIHAR ----------- 3 4.5.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that though he has been alleged for kidnapping informant’s wife and two children but there is no witness at all to watch the incident of kidnapping. Though the victim is traceless but in absence of any cogent evidence, petitioner’s arrest at the moment, in my view is not justified. Prayer for anticipatory bail is allowed. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from today in Doriganj P.S.Case No.52 of 2006, the 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 Chief Judicial Magistrate, Saran at Chapra, subject to the condition as laid down under section 438(2) Cr.P.C. - 2 - However, the Chief Judicial Magistrate, Saran at Chapra shall be at liberty to reconsider the bail so granted to the petitioner at the time of framing of charge if material is found sufficient for constituting an offence of kidnapping. (Mandhata Singh,J.) AI