IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.193 of 2010 MAHESHWAR DAS, son of late Moti Das, resident of village Narayanpur (Balha), P.S. Bihpur, District Bhagalpur, at present posted as Incharge Headmaster Middle School Katnail English More, P.S. Amarpur, District Banka Versus STATE OF BIHAR ----------- 3. 4.3.2010 Heard counsel for the petitioner and the counsel for the State. The petitioner facing prosecution for offence u/s 365/34 of the Indian Penal Code while seeking privilege for anticipatory bail has his limited defence that he has been actually sought to be maligned by the informant of this case only because some four days earlier of the present F.I.R. he himself had filed an F.I.R. with regard to kidnapping/ abduction of his own daughter by the husband of the informant of this case. Mr. Ranjan Kumar Jha, learned counsel for the petitioner, in fact would also submit that the petitioner is an aged man holding the post of the Headmaster and therefore, when he had already reported the matter to the police with regard to kidnapping of his daughter who till date has remained missing, it would not stand to reason that he himself could 2 have become a party in kidnapping Vikash Rai, the husband of the informant, especially when he had already informed the police some four days earlier that his daughter was taken away from Vikash Rai. In the given circumstances when the daughter of the petitioner is said to be still missing allegedly kidnapped by Vikash Rai about whom the petitioner is now said to have been scribed direct allegation in the F.I.R., filed four days earlier to the present, this Court has prima-facie reasons to believe that the subsequent case filed by the informant of this case is a defence version only with a view to cover up the allegation made by the petitioner against the husband of the informant. Be that as it may, on considering all the aforesaid materials this Court is inclined to grant anticipatory bail to the petitioner and if therefore the petitioner Maheshwar Das would surrender in the court of Chief Judicial Magistrate, Bhagalpur within a period of four weeks from today, he would be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) 3 Surendra/ with two sureties of the like amount each in Kotwali P.S.Case No. 674/2009 to his satisfaction, subject to the conditions as laid down u/s 438(2) Cr.P.C. (Mihir Kumar Jha,J.)