IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40563 of 2008 1. RADHA KRISHNA PRASAD @ PAPPU 2. RAM KUMAR PRASAD Versus STATE OF BIHAR For the petitioners : Mr. Suraj Narain Sinha, Sr. Advocate. For the State : Mr. Ansarul Haque, APP ----------- 2 14.01.2009 Heard The petitioners have renewed their prayer for grant of bail. On 13.2.2008, the following order came to be passed. “Heard learned counsel for the parties. The petitioners before this Court are the husband and father in law of the girl namely Gita Devi. As per the allegations in the F.I.R., these petitioners used to torture Gita Devi and it is further alleged that the complainant when visited the house of the accused, the victim and her son were not found even in the house and according the case was lodged on 29.5.2004 with regard to kidnapping/missing of daughter of the complainant and her nati. The case was initially instituted under sections 498A, 302, 365, 368, 366, 267 and 504 of I.P.C. Later cognizance was taken under sections 498A and 365 of I.P.C. It has been submitted that with regard to the missing of the lady and her son, the father in law (petitioner no. 2) has also lodged a case. It appears that the said case was lodged on 28.8.2004 much after the filing of the present case and as such the petitioners cannot escape the liability of explaining the missing of the daughter in law of the family and her son. It further appears that they are in custody only since 6.11.2007. Considering the facts and circumstances of the case, this court is not inclined to enlarge the petitioners on bail for the present. With this observation, the application is dismissed.” Counsel for the petitioners submits that in the case - 2 - lodged by the petitioner no. 2, the police has submitted two supplementary charge sheets. Counsel for the petitioners produced certified copy of the charge sheet nos. 145/2007 and 93/2007. It has further been submitted that they have remained in custody for more than a year by now. Having considered the submission and keeping in view the fact that the case regarding missing of daughter and nati of complainant filed by the petitioner no. 2 has also been found true by the police, this court is now persuaded to admit the petitioners to bail. Let petitioners abovenamed be released from custody on furnishing bail bond of Rs.10,000/- (ten thousand)each with two sureties of the like amount each to the satisfaction of S.D.J.M., Samastipur in connection with Complaint case no. 631 of 2004 subject to the condition that one of the bailers will be own/close family members. pkj (Kishore K. Mandal, J)