IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21479 of 2010 DR.NASIRUDDIN & ANR Versus THE STATE OF BIHAR ----------- 2. 13.07.2010. Heard learned counsel for the petitioners and counsel appearing for the State. The petitioners are apprehending their arrest in a case registered under Sections 364 and 120(B) of the I.P.C. It is alleged that previously the daughter-in-law (namely Kanchan) of the complainant went missing for which brother of Kanchan lodged a Nawadah Town P.S. Case No. 258 of 2006 under Sections 366 and 367 of the I.P.C. In the said F.I.R., the husband of Kanchan, Binod Yadav and the husband of present complainant Ram Briksha Yadav were accused. Subsequently, complicity of this present complainant Saroj Devi came into picture and then the charge sheet was submitted against the present complainant vide Charge sheet No. 32 of 2007 as contained in Annexure-3 series and thereafter the complainant’s husband Ram Briksha Yadav and Binod yadav were also charge sheeted vide Charge Sheet No. 443 of 2007 on 10.11.2007 in which Binod Yadav was 2 declared to be absconder. Suppressing all those facts the present case has been filed by the complainant alleging that one Ranjeet Prasad Yadav and Randhir Yadav who happens to be brothers of Kanchan Devi had taken Binod Yadav on the ground that these petitioners have called Binod yadav. Annexure-5 series has been brought on record which suggest that anticipatory bail application has been filed by Binod Yadav in Nawadah Town P.S. case No. 258 of 2006. Considering the aforesaid facts it appears that the complainant by misusing the process of law has lodged absolutely frivolous case in view of the fact that Binod Yadav, the alleged victim, in the present complaint was absconder in the police case and order to justify his absconstion the present complaint appears to have been filed. In view of aforesaid circumstances, let the petitioners, Dr. Nasiruddin and Dr. Smt. Elsa John be released on bail on their surrender before the learned court below within a period of twelve weeks from today in connection with Complaint case no. 952 of 2006 on furnishing bail bond of Rs.10,000/- 3 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Nawada, subject to the conditions as laid down under Section 438(2) of Cr.P.C. U.K. (Dinesh Kumar Singh, J.)