IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44546 of 2008 SHYAM NANDAN SAO Versus STATE OF BIHAR ----------- 2. 24.11.2008 Heard Sri Arvind Kumar, Advocate for the petitioner and the learned A.P.P. for the State. The allegation is that the son of the informant, namely, Rajendra Mochi was taken by the petitioner and others with them for earning livelihood outside the state. While others came back the boy did not. The case has been registered under Section 364 IPC. The contention is that the very ingredients of the offence are not constituted on facts and that the boy could be accountable for his own overstay at the place. It was next contended that the petitioner and other could not fasten the responsibility of accounting for whereabouts the boy when he was also going towards out of state for his livelihood. Let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ali Ahmad, Judicial Magistrate, Ist Class, Patnacity in Chowk P.S.Case No.33 of 2000. B.Kr. ( Dharnidhar Jha, J. ) - 2 -