IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38286 of 2010 1. DEO NARAYAN LAL @ DEO NARAIN BURNWAL, Son of Dhani Modi. 2. Bimla Devi Wife of Deo Narayan Burnwal. 3. Mala Devi Wife of Sukhdeo Modi, All Resident of Village- Bodwa, P.S.-Jhajha, District-Jamui. ………….Petitioners. Versus THE STATE OF BIHAR ………Opposite Party. ----------- 2 27.10.2010 Heard the parties. This is second attempt made by the petitioners for anticipatory bail in a criminal prosecution registered under section 364 of the Indian Penal Code. The F.I.R. vide- Annexure-2 was lodged on 09.08.2008 with respect to abduction of the husband of the informant. It appears that the victim was traceless for about 2 years and in that view of the matter, prayer for anticipatory bail made on behalf of the petitioners, besides others, was rejected by an order dated 28.07.2010 passed in Criminal Misc. No. 23173 of 2010 (Annexure-1). Now it is submitted that subsequently the alleged victim appeared in the Court and allegedly filed a petition vide Annexure-4 denying prosecution allegation. However, learned counsel for the petitioners is not in a position to state that the statement of the victim Sandeep Burnwal has been recorded till date either by the police under section 161 Cr. P.C. or by the learned Magistrate under section 164 Cr. P.C. In that view of the matter, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail.The prayer for anticipatory bail is rejected once again with liberty to the petitioners to surrender in the court below in connection 2 with Chandramandih P.S. Case No. 68 of 2008 in the court of Chief Judicial Magistrate, Jamui, within a period of 4 weeks from today and seek regular bail, if so advised. If such a petitioner is filed for regular bail, and learned Magistrate is satisfied, on verification, about recovery of the alleged victim and about the genuineness of the petition allegedly filed on behalf of the alleged victim, then in that case he may consider favourably the prayer for bail made on behalf of the petitioners and will dispose of the same as expeditiously as possible. With the aforesaid observations and directions, this application stands disposed of. Let this order be communicated through fax at the cost of the petitioners. M.Rahman/Anjani ( Birendra Prasad Verma, J )