IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38587 of 2008 SUBODH KUMAR SINGH, SON OF SATYA NARAYAN SINGH, RESIDENT OF VILLAGE RAMPUR HORIL, POLICE STATION VAISHALI, DISTRICT VAISHALI, PRESENTLY RESIDING AT MOHALLA RAMBAG, POLICE STATION MITHANPURA, DISTRICT MUZAFFARPUR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY With Cr.Misc. No.10824 of 2009 DAYASHANKAR PRASAD SINHA @ DAYASHANKAR PRASAD, SON OF LATE SITARAM PRASAD, RESIDENT OF MOHALLA NAYATOLA NEAR POLYTECHNIC COLLEGE, P.S. KAZI MOHAMMADPUR, DISTRICT MUZAFFARPUR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 4 6.10.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners are apprehending their arrest in a case under Sections 364, 365 and 34 of the Indian Penal Code. Laxmi Devi the mother of the informant had executed a Mahadnama on 9.10.2007 for certain amount of land. The total money was Rs. 2,00,000/-. Rs. 1,79,000/- was paid by way of an advance towards the land to be purchased. On 24.3.2008 the First Information Report was instituted alleging that the husband had left his home with one Mahesh Singh and had not returned thereafter. The informant alleges that she went to meet petitioner D.S. who is said to have told her that her husband would return after some days. It is alleged that the petitioner Subodh Kumar Singh told her that the husband of the informant was in his custody and that she should come to the registry office to execute the sale deed. On the basis of the aforesaid fact, the First Information Report was instituted. Learned counsel refers to Mahadnama and the Bank 2 statement from which it is clear that the money paid by the petitioner Subodh Kumar Singh was withdrawn on 9.10.2007, 8.12.2007 and 9.4.2008. The last withdrawal was after the date of execution of the First Information Report. Learned counsel submits that there was no occasion for the petitioner to kidnap the husband of the informant and prima facie it appears to be a case instituted due to a civil dispute. Be that as it may, petitioners namely Subodh Kumar Singh (in Cr. Misc. No. 38587 of 2008) and Dayashankar Prasad Sinha @ Dayashankar Prasad (in Cr. Misc. No. 10824 of 2009) are directed to be released on bail in the event of their arrest or surrender in connection with Muzaffarpur Sadar P.S. Case No. 68 of 2008 within a period of six weeks on furnishing bail bonds of rupees ten thousand each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur subject to the condition laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)