IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32936 of 2008 KALLU @ KALLU MAHTO Versus STATE OF BIHAR ----------- 5. 8.12.2008 Heard Sri K.B.Verma, Advocate for the petitioner and the learned A.P.P. for the State. The case is under Section 364 and 120B IPC and the petitioner is the younger brother of the husband of the victim. It is not disputed that the husband of the victim went missing some times ahead and the victim was reported missing. Some of the undisputed facts are that the victim along with her son went to witness the immersion of idols of Durga and thereafter should could not return. The facts are also available in the case diary that the family members made a hectic search and reported the matter to the police through a missing report and also informed the parents and other relatives of the lady in her parental house. After one month of the lady going missing, a full-fledged complaint petition was filed and that appears the basis of the case being instituted under Section 156(3)Cr.P.C. Some of the paragraphs of the case diary have been read over to me by the learned A.P.P. and except expressing grave suspicion about the - 2 - conduct of the petitioner and others of the family member in causing the disappearance of the lady and her children. There does not appear any tangible material in the case diary. Other accused persons like father-in-law and mother- in-law have been admitted to anticipatory bail by the Bench of this Court in Cr.Misc.Petition No.31602 of 2008. 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 A.C.J.M.Patna City in Malsalami P.S.Case No.212 of 2007. B.Kr. ( Dharnidhar Jha, J. )