IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45463 of 2009 1. SURENDRA PRASAD,son of Pragas Mahto 2. Bullet Prasad,son of Surendra Prasad 3. Ram Swarup Prasad @ Swarup Prasad,son of Narayan Prasad 4. Umesh Prasdad,son of Ram Swarup Prasad @ Swarup Prasad All resident of village-Punas,P.S.- Madhuban,District-East Champaran. Versus THE STATE OF BIHAR ----------- 03/ 29-03-2010 Heard Mr. Uma Shankar Verma, learned counsel appearing for the petitioners and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Madhuban P.S. Case No.39 of 2008 dated 26-04-2008, registered under Section 364/34 of the Indian Penal Code. According to the prosecution case one Sita Kumari, daughter of the informant was kidnapped by the accused persons, who all are the petitioners before this Court. All the petitioners have been named in the FIR as accused. Apparently, case was instituted on 26-04- 2008 and despite passage of about two years the victim girl is still traceless. Learned counsel for the petitioners submits that during the course of investigation it has transpired that petitioners are not responsible for kidnapping of the victim girl and the informant himself may be responsible for keeping the victim girl in confinement. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and has submitted that petitioners had strong motive for kidnapping the victim girl. 2 Be that as it may, in view of the fact that the victim girl is still traceless, though two years have elapsed, this Court is not pursuaded to accede to the prayer made on behalf of the petitioners for anticipatory bail. This application is accordingly dismissed. Petitioners must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. If such a petition is filed, the same shall be disposed of on its own merit without being prejudiced by this order and also by looking to the other materials, which petitioners are at liberty to produce in the court below. AH/ ( Birendra Prasad Verma, J.).