IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17837 of 2010 GANGA SINGH, S/o Late Anup Singh, R/o/V-Brindawan, P.S.- Naokothi, District-Begusarai. Versus STATE OF BIHAR ----------- 2 20.05.2010 Heard the learned counsel Sri Akhileshwar Prasad Singh on behalf of the petitioner, Ganga Singh who apprehends his arrest in connection with Begusarai (T) P.S. Case No. 380/07. Heard the learned A.P.P. The F.I.R. was lodged by the informant making allegation against the petitioner that the minor son of the informant was kidnapped for the purpose of marriage and forcibly, daughter of this petitioner was married with the son of the informant. After investigation, a case under section 363/365 of the IPC was found and charge sheet was submitted against son of the petitioner who was in custody. From perusal of the order passed by the session’s judge, it appears that this petitioner is absconding, therefore, till today no charge sheet has been submitted against him. The learned counsel for the petitioner submitted that the son of the petitioner has already been granted regular bail by the session’s court. The learned counsel further submitted that the petitioner was never absconding in this case and that is not a ground for not filing the charge sheet by the investigation officer. On the otherhand, the 2 learned A.P.P. objected the prayer for grant of anticipatory bail and submitted that because the petitioner is absconding since 2007, the charge sheet could not be filed and after filing this case, 498A case has been filed against the informant and his family members by the daughter of this petitioner. From perusal of the order passed by the session’s judge, it appears that at paragraph-22 of the case diary, the son of the petitioner who is aged about 17 years has fully supported the case in his statement made u/S 164 of the Cr.P.C. It also appears that the petitioner is absconding. Considering the above facts and circumstances, I am not inclined to grant anticipatory bail. If however the petitioner would surrender before the court below, the court below shall consider the facts and circumstances of the case and while considering the facts, also consider the regular bail granted to the son of the petitioner. If the cost of fax is deposited by the petitioner, the office is directed to communicate the order to the court below through fax. AKV/ (Mungeshwar Sahoo,J.)