IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39787 OF 2009 ANAND DUBEY, SON OF SRI KAMALA DUBEY, RESIDENT OF VILLAGE BASGAWA, P.S. TROYA, DISTRICT AZAMGRAH (U.P.) VERSUS THE STATE OF BIHAR -------- 3 26.02.2010 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The case is under Section 364 read with Section 120B of the Indian Penal Code. Petitioner is not named in the first information report. However, it has come during the course of investigation that petitioner’s mobile was used number of times by his Sala, namely, Santosh Kumar Pandey to demand ransom from the family members of the victim. The victim is still traceless and said Santosh Kuamr Pandey is absconding. Learned senior counsel for the petitioner submits that petitioner is in police service. He submits that if the petitioner is allowed provisional bail for a period of three months, he will make efforts to persuade his Sala, namely, Santosh Kumar Pandey to surrender in the case. He submits that the petitioner will make his best - 2 - effects to find out the victim and his recovery also. Considering the submissions of the learned senior counsel for the petitioner, the court of Additional Chief Judicial Magistrate, Danapur is directed to release petitioner (Anand Dubey) on provisional bail for a period of three months from the date of his release, on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to its satisfaction in connection with Danapur P.S. Case No.107/09 with conditions as laid down in sub-section (3) of section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. Before expiry of the period of provisional bail, petitioner shall surrender in the court below. In case, the said Santosh Kumar Pandey surrenders within the three months, the court below shall confirm the bail of the petitioner. B.T (J. N. Singh, J.)