IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36861 of 2008 SHILU CHOUDHARY, Son of Sri Uma Choudhary, Resident of Village- Station Road Sarai, P.S.- Sarai, District- Vaishali :----- Petitioner. Versus STATE OF BIHAR:-----Opposite Party ----------- For the Petitioner : Mr. S.N.P. Sinha, Senior Advocate Mr. Abhay Shankar Singh, Advocate For the Opposite Party : Mr. P.Mehta, A.P.P. ===== 4. 27.11.2008. Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner has filed supplementary affidavit in support of his submission that the victim has not been kidnapped but only to avoid his prosecution in the State of Chhatisgarh in connection with a case of car theft he has gone underground and the present false First Information Report has been registered against petitioner and two others. It is submitted that Petitioner moved this Court for grant of bail in the event of arrest but when such prayer was refused he surrendered in the court below on 09.07.2008 and in the circumstances, he should be released on bail so as to enable him to assist the Investigating Agency in finding out the truth. In view of the allegation set out in the First Information Report that the petitioner and two others took the victim along with them whereafter he never returned and ultimately the First Information Report was registered alleging kidnapping against the petitioner and two others named in the First Information Report, I am not inclined to release the petitioner on bail when the victim has not been recovered. This application is, accordingly, - 2 - rejected, however, with liberty to the father of the petitioner to file a representation before the Superintendent of Police, Vaishali at Hajipur who should consider the same and issue appropriate directions to the Investigating Officer of the case (Hajipur Town P.S.Case No. 95 of 2006 ) for doing the needful as also to conclude investigation pending against the other two accused named in the First Information Report. P.K.P. (V.N.Sinha,J.)