IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17763 of 2009 SATISH KUMAR JHA @ SATISH JHA Versus STATE OF BIHAR ----------- 2. 17.6.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 364 and 120B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation is that accused persons including the petitioner had kidnapped one Chhotu Raut. Learned counsel for the petitioner further states that on 22.10.2008 F.I.R. was lodged by the S.H.O. of Dumra Police Station and on the next day i.e. 23.10.2008 the alleged victim appeared and subsequently gave his statement on 25.10.2008 under the provision of Section 164 of the Code of Criminal Procedure stating that on 21.10.2008 when he was going towards court the accused persons including the petitioner reached there on a Sumo vehicle and asked about the whereabouts of the niece of the petitioner, but the said victim said that he will tell them after returning from the court but the accused persons took him away at some unknown place and made enquiries and thereafter left him on 23.10.2008 after giving him 2-4 fat blows. Learned counsel for the petitioner also avers that earlier the niece of the petitioner was kidnapped by the said Chhotu Raut and others, for which an F.I.R. was lodged by the sister-in-law of the petitioner and the said girl is 2 still traceless, but the said Chhotu Raut and his associates were not disclosing her whereabouts. Learned Counsel for the petitioner further states that even according to the statement of Chhotu Raut it does not appear that it was a case of kidnapping rather it shows that the accused persons were merely anxious to know the whereabouts of the 13 years old girl of the family. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioner, namely, Satish Kumar Jha @ Satish Jha shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Dumra P.S.case No.252 of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/ ( S. N. Hussain, J. )