IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42564 of 2008 RAJU SINGH Versus STATE OF BIHAR ----------- 3 16.12.2008 Heard. The case is registered under Section 364 IPC and relates to the alleged forcible taking away of the son of the informant Santosh Kumar Singh. The occurrence is said to have been committed on account of some land dispute. Contention is that the witnesses examined in the Case diary have not supported the allegations and the occurrence by narrating as to how the accused persons entered into the Angan of the informant and forcibly took away the boy and disappeared. It has been further contended that the witnesses who have come forward are the two sisters of the informant and one daughter who have also not supported the occurrence. Further contention is that the Police did not act further except examining the statement of the other witnesses somuch so that they did not take care to locate the boy Santosh Kumar Singh. The petitioner is innocent and he has been falsely implicated in the case. It is further contended that other accused person has been admitted to bail by a Bench of this Court. But he has very fairly conceded that there is distinction between that accused person who has been released on bail and this petitioner. Regard being had to the facts and circumstances, I am not inclined to grant bail to the petitioner and his prayer for bail is, - 2 - accordingly, rejected However, the petitioner may renew his prayer for bail after examination of the informant in which the trial court should take steps in advance for his examination. The trial court may not wait reasonably for that witness. SKBOSE (Dharnidhar Jha)