IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.23610 of 2011 Tarkeshwar Prasad @ Tarkeshwar Sao Versus The State Of Bihar ----------- 2. 20.7.2011 Heard both parties. The petitioner is apprehending arrest in Haspura P.S. Case No. 101/2007 for offences under Section 364 and 120 (B) of the Indian Penal Code. The informant of this case has filed a complaint petition before the Chief Judicial Magistrate, Aurangabad, stating therein that his son was working with the petitioners. The petitioner and his son, who are businessmen, doing the business at Garhwa. The petitioners had come to their village allured his son to come along with him in connection with their business even an after resistance of the informant his son had gone along with them when his son did not return, then the informant of the present case had gone to Garhwa to find out his son where petitioners had informed him, his son, Binod Yadav, had gone to Kolkata in connection with business. When his son did not return after the due date, he again went to find out whereabouts his son whereupon he was informed that his son had run away with their money. The counsel for the petitioners has stated that the petitioner had filed a case against Binod Yadav (son of the informant of the present case) in which it has been stated that 2 Binod Yadav along with Ajay Kumar, another employee of the petitioner had gone to Kanpur to collect the money. The said Binod Yadav fled away along with money while Ajay Kumar was sleeping by his side, thereafter, in order to save his son, present case of kidnapping has been lodged against them. It has further stated that the present case was investigated by the police and it was found that false and fabricated allegations have been made against petitioners and in pursuance thereof final report has been submitted by the police in favour of the petitioners. The police after investigation submitted final form in this case in favour of petitioners. The police recommended action against informant of this case u/s 182/211 of the I.P.C. In the facts and circumstances, in the event of arrest or surrender within 3 weeks, petitioner, namely, Trakeshwar Prasad @ Tarkeshwar Sao is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Daudnagar, Aurangabad in Haspura P.S. Case No. 101 of 2011, subject to the conditions as laid down under Section 438 (2) Cr. P.C. Mkc/- (Shivaji Pandey, J.)