IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14983 of 2009 RUDAL BHAGAT son of Late Bhola Bhagat, resident of Village Situahi, P.S. Sahebganj, District- Muzaffarpur. Versus STATE OF BIHAR ----------- 3 9/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under section 364 of the Indian Penal Code and he is named in the First Information Report with specific allegation that it was he who had taken away husband of the Informant for getting job at Pune, but while the petitioner had returned back from Pune, there was no whereabouts of husband of the Informant. Counsel for the petitioner would draw attention of this Court to a compromise petition filed by both the parties before the court below, wherein it is stated that both the parties have realized that husband of the Informant was employed at Pune with a contractor known as Ram Babu Singh, who also was a resident of Village Mairwa, P.S. Masrakh, District-Chapra (Saran). It is the case of the petitioner that as a matter of fact both he and husband of the Informant coming from the village had joined the services under the aforementioned Ram Babu Singh, Contractor and whereas petitioner could run away from the clutches of said Ram Babu Singh, who used to indulge in taking work from the petitioner and husband of the Informant without making any payment and making them as staves, the Husband of the Informant is still in the custody of Ram Babu 2 Singh. This Court would, therefore, find now that it is the petitioner who has been able to give whereabouts and possibility of husband of the Informant for his being found out at Pune. In that view of the matter, since counsel for the petitioner has also expressed his willingingness on the part of the petitioner to cooperate with the police by accompanying it to Pune to help the police to find out husband of the Informant and get him released from the clutches of the aforesaid Ram Babu Singh, Contractor at Pune, this Court would release the petitioner, namely, Rudal Bhagat on provisional bail for a period of six months on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub.Divisional Judicial Magistrate, (West), Muzaffarpur in Sahebganj P.S. Case no.153 of 2008 and one of the surety will be either parents or the wife of the petitioner. The petitioner immediately after his being released on provisional bail shall report before the Officer Incharge of Sahebganj Police Station in next three days and would also accompany the Officer Incharge as and when he would take up further investigation in terms of section 173 (8) of the Cr.P.C for finding out whereabouts of husband of the Informant. In the event, the petitioner extends his full cooperation in recovery of the husband of the Informant and a report to this extent is submitted by the Officer-in-Charge to the court below, it shall confirm the provisional bail of the petitioner only after he would is surrender on completion of the period of six months. The 3 court below at that stage will also consider the report of the Officer Incharge as with regard to further investigation made in respect of search/recovery of husband of the Informant and pass an appropriate order for confirmation of bail of the petitioner. If however the Court below would refuse to confirm the provisional bail of the petitioner, he will have the liberty to move this Court again for grant of bail. With the aforesaid observations/directions this application is finally disposed of. Abhay Kumar (Mihir Kumar Jha, J.)