IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44417 of 2008 BASUDEO YADAV @ BASDEV YADAV SON OF LATE SUKHDEO YADAV, RESIDENT OF VILLAGE KHIRI, P.S. PARAIYA, DISTRICT GAYA --------------------PETITIONER. Versus STATE OF BIHAR------------------OPPOSITE PARTY. ----------- 02. 27.11.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case under Section 364 of the Penal Code which was registered on 6.3.2008 stating that the victim on the allurement of the petitioner that he shall be provided with liquor went along with him on 10.2.2008, although he was being restrained from going along with petitioner by his wife. Later in the evening on 10.2.2008 when the victim did not return his wife went to the house of the petitioner but was ousted, then she came and recorded Sanha entry in the police station and subsequently the First Information Report on 6.3.2008 with reference to the earlier Sanha entry. It is submitted on behalf of the petitioner that there is no such Sanha entry in the police station reporting that husband of the informant went along with petitioner on 10.2.2008 and is missing thereafter, although the prayer of the petitioner for grant of bail has been rejected by the court below under order dated 27.9.2008 with reference to the said Sanha entry. Having heard counsel for the parties, I direct the petitioner to renew prayer for bail before the court below(1st Addl. Sessions Judge, Gaya) once again on the ground that the Sanha entry referred to in the First Information Report is not available in the police station concerned and the court below should seek a report from the Officer in Charge concerned and thereafter pass appropriate orders in accordance with law. This application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J) - 2 -