IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2013 of 2009 KUNDAN MEHTAR & ORS Versus STATE OF BIHAR ----------- 06. 23.06.2009 Heard learned senior counsel for the petitioners and learned APP for the State. Petitioners are in custody since 9.8.2008 in relation to Kotwali (Tatarpur) P S Case No. 286 of 2007 under sections 363 and 366 of the Indian Penal Code. Informant who is the mother of the so-called victim girl initially lodged Sanha with the police on 31.3.2007 stating therein that her daughter had gone missing from the house from 24.3.2007. Thereafter formal FIR was lodged only on 18.5.2007 naming these petitioners as suspect who have had hands in the so-called crime in question. Submissions of the learned senior counsel for the petitioners are that whole thing becomes suspicious and it is only on suspicion that petitioners came to be arrested and are languishing in jail. It is further submitted that petitioners are willing to fully co-operate in the trial and in the circumstances no purpose would be served by keeping them in custody. Looking at the circumstances and the background of lodging of the case, let the petitioners namely, Kundan Mehtar, Arpan Mehtar and Ganga Mehtar be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur - 2 - in Kotwali (Tatarpur) P S Case no. 286 of 2007 with a direction that petitioners shall not tamper with the evidence and shall co-operate in the trial. rkp (Ajay Kumar Tripathi, J)