IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33148 of 2009 Shambhoo Sah, son of Shiv Dayal Sah, resident of Village- Budhawalia, P.S. Nautan, District-West Champaran. ……..Petitioner. Versus The State of Bihar ……………………….Opposite Party. ----------- 5. 02. 04. 2010. Heard Mr. Sanjeev Kumar, No. 1, learned counsel appearing on behalf of the petitioner and Mr. D. Mehta, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 84/2009, dated 23. 05. 2009, registered under Sections 366 A, 384 and 376 of the Indian Penal Code as also Section 27 of the Arms Act. Learned counsel for the petitioner submits that even according to the prosecution case, allegation of kidnapping of the victim girl is against co-accused Om Prakash Sah, who happens to be son of the petitioner. He further submits that allegation against the petitioner is that he abetted the commission of crime in question and is also alleged to have threatened to the members of the prosecution parties. He states that co-accused Om Prakash Sah, son of the petitioner, is not within his control and therefore, the victim girl is not being produced by him despite his best effort. Learned counsel for the State has opposed the prayer for grant of anticipatory bail and has pointed out that despite direction given to the accused persons, the victim girl has not been produced as yet. 2 In the aforesaid back ground and particularly in view of the fact that victim girl is still traceless, prayer for grant of anticipatory bail of the petitioner is dismissed. The petitioner must surrender in the court below within a period of four weeks from today, and if so advised, seek regular bail. If such a petition is filed, then the same may be considered on its own merit without being prejudiced by the present order. m.p. ( Birendra Prasad Verma, J.)