IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32666 of 2009 RAJEEV KUMAR SINGH @ MUNNA @ MUNNA SINGH, R/o RAMESHWAR SINGH, RESIDENT OF VILLAGE KHALPURA, P.S. CHAPRA (M), DISTRICT SARAN, PRESENTLY RESIDING AT 89, XN ROAD, NO. 23, SIDHGORA, AGRICO, JAMSHEDPUR. ------- PETITIONER Versus THE STATE OF BIHAR ------- OPPOSITE PARTY ----------- 4 15.3.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is apprehending his arrest in a case under Sections 369 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that Section 369 of the Indian Penal Code is not applicable rather Section 363 of the Indian Penal Code would be applicable. If Section 369 of the Indian Penal Code is not applicable then it is bailable and there is no need to file this anticipatory bail application. It appears that at paragraph 4 of the case diary, the nurse has been examined and she has categorically stated that she had kidnapped the child to give it to this petitioner. It appears that when there was a hue and cry the child was put back at the stairs of a temple. Counsel for the petitioner submits that apart from the confessional statement, there is no evidence against this petitioner and in fact there is not finding to show that petitioner is the driver of an Ambulance. All these points may be good grounds for grant - 2 - of regular bail. However, I am not inclined to grant anticipatory bail to this petitioner. This application is dismissed. Sanjay (Sheema Ali Khan, J.)