IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40244 of 2008 1. AMAR NATH SAH @ AASH KUMAR S/O SUMAN SAH @ SOMAN JHA 2. SOMAN SAH @ SUMAN SAH S/O LATE JHINGUR SAH BOTH R/O VILLAGE- MADHIYA, P.S.- BASOPATTI, DISTRICT- MADHUBANI Versus STATE OF BIHAR ----------- 3 15/01/2009 Heard learned counsel for the petitioners and learned counsel representing the State. Learned counsel for the petitioner submits that during the pendency of this application petitioner no. 2 has been arrested by the police, therefore, application on his behalf has become infructuous. He prays for withdrawal of the application on behalf of the petitioner no. 2. Soman Sah @ Suman Sah. Prayer is allowed. Accordingly, application on behalf of the petitioner no. 2. Soman Sah @ Suman Sah is dismissed as withdrawn. The petitioner apprehends his arrest in a case which has been registered under section 364 of the Indian Penal Code regarding the alleged kidnapping of the informant’s son Munna. According to the allegation, informant’s son Munna had gone with Maduri Sah on 9.6.2008 at 10 A.M. Since then he did not return and is traceless. The informant suspected that he might have been kidnapped because of some dues. Submission is that in course of investigation no body has come to say that the petitioner was got any time seen in the company of the victim. The specific allegation has been levelled against Maduri Sah. The petitioner has no concern with Maduri Sah. - 2 - Considering the above facts, the petitioner no. 1. Amar Nath Sah @ Aash Kumar is directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be enlarged on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Madhubani in connection with Basopatti P.S. Case No. 95 of 2008, subject to the condition as laid down under section 438 (2) of the Cr.P.C. avin (Shyam Kishore Sharma, J.)