IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29011 of 2011 Brij Bihari Sahu Versus The State Of Bihar ***** 02. 21.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, apprehends his arrest in connection with Brahmpur (Krishna Brahm) P.S. Case No. 42/2011, for the offences under Sections 363/364(A)/420/406, is solitary named accused in this case instituted on the basis of complaint case no. 62 C of 2011 with allegation that he got eldest son aged about 19 years employed in the factory at Delhi. But, subsequently he is missing. Submission is that the boy worked for a month and thereafter left the place. Father of the victim i.e. husband of the complainant informant also went Delhi and when police requisitioned photograph of the victim to trace him out no co-operation was provided. No doubt, still the victim is traceless, but petitioner has committed no wrong. Investigation is still going on for the purposes of recovery of the boy. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge-sheet, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Brahmpur (Krishna Brahm) P.S. Case No. 42/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to remain physically present before the court below till submission of charge sheet and on the dates fixed and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)