IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36473 of 2008 RAM KUMAR CHOUDHARY,Son of Late PRATAP CHOUDHARY, RESIDENT OF VILL-GYARI, P.S.BIRAUL, DISTRICT-DARBHANGA. Versus STATE OF BIHAR ----------- 2. 29.9.2008 Heard. The case has been registered under Section 364 IPC and the allegation is that the petitioner took away the son of the informant lady to Punjab for earning livelihood and when the petitioner came back the son of the lady did not return and on being pestered the petitioner got the lady talk to her son and thereafter the lady became all the more restless alleging that it was this petitioner who had either disposed of her son so as to be deemed murdered or had sold him. The learned Judge who dismissed the prayer for bail has counted the circumstances of the case in his order and those circumstances appears from the case diary. According to the learned Judge the offence under Section 364 IPC was not made out and that the police record indicated that the boy was serving as servant in the house of any - 2 - Military Officer and had committed some theft and had been reported against for the offence by him. The learned Judge in spite of considering the circumstances has very fairly recorded that he was not inclined to grant bail to the petitioner. Regard being had to the record made by the learned Judge of the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bond of Rs.3,000/-(three thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M.Biraul at Benipur in Biraul P.S.Case no.27 of 2008. B.Kr. ( Dharnidhar Jha, J. )