IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39710 of 2010 Md.Jahid, Son of Md. Safid, resident of Village- Jarlalu Tola Lahjar, Police Station-Mirganj, District-Purnea ---------- Petitioner Versus STATE OF BIHAR ----------- 02 10-12-2010 Heard Sri Sachidanand Choudhary, learned counsel for the petitioner and Smt. Madhuri Lata, learned Addl. Public Prosecutor for the State as well as Sri Swapnil Kumar, learned counsel appearing on behalf of the complainant/informant. The petitioner, who is in custody in Falka P.S. Case No.105 of 2007 arising out of Complaint Case No.1018 of 2008 registered under Section 365 of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner submits that in this case on an allegation of kidnapping, without filing any F.I.R. initially the complainant/informant filed a complaint in the court of Chief Judicial Magistrate, Katihar, which was numbered as Complaint Case No.1678 of 2007.However, the complaint was referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure and, as such, Falka P.s. Case No.105 of 2007 was registered for the offences under Sections 363A, 323, 452 of the Indian Penal Code. After investigation, the police found the accusation in the F.I.R./complaint as untrue and, as such, final report was submitted. In the meanwhile a protest petition was filed, which was treated as Complaint Case No.1018C of 2008 and after conducting enquiry cognizance was taken under Section 365 of the Indian Penal Code. Learned counsel for the petitioner has further submitted that accused Md.Aswa and others having almost similar allegation have been extended the privilege of anticipatory bail vide Cr.Misc.No.24594 of 2009 2 on 6.8.2009. Sri Swapnil Kumar, learned counsel for the informant/complainant has opposed the prayer for bail of the petitioner. It was submitted that handicapped son of the complainant was kidnapped by the accused persons including the petitioner for the purpose of begging and as such, keeping in view the seriousness of the accusation, the petitioner may not be granted bail. In view of the fact that on accusation of kidnapping, instead of filing F.I.R. initially complaint was filed, which was found during the investigation by the Investigating Agency as untrue, the Court is of the opinion that it is a fit case for extending the privilege of bail to the petitioner. Let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount to the satisfaction of Judicial Magistrate , 1st Class, Katihar in connection with C.A.No. 1018 of 2008. NKS/- ( Rakesh Kumar, J.)