IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13094 of 2009 SURESH MATHO @ SURESH KUMAR, SON OF DAROGA MAHTO, RESIDENT OF GRAM KUSAHI, P.S. MOTIPUR, DISTRICT MUZAFFARPUR---PETITIONER. Versus THE STATE OF BIHAR----OPP. PARTY. With Cr.Misc. No.16474 of 2009 1. LALAN MAHTO SON OF PANCHU MAHTO 2. MANJU DEVI, WIFE OF LATE LALAN MAHTO BOTH ARE RESIDENT OF GRAM MATHIA BARIARPUR, P.S. MOTIPUR, DISTRICT MUZAFFARPUR---PETITIONER. Versus THE STATE OF BIHAR---OPP. PARTY. ----------- 02. 28.08.2009 Heard learned counsel for the petitioners and the State. Petitioners of both the applications are apprehending their arrest in connection with a case registered for the offence under Sections 363, 365 of the Penal Code. They are named in the First Information Report and are alleged to have sold the mentally sick daughter of the informant. It is submitted on behalf of the petitioners that the F.I.R. has been lodged after one month and three days of the occurrence, in the circumstances, they be admitted to the privilege of bail in the event of arrest. I regret not to accept such submission as from perusal of the First Information Report, it appears that on the fateful day the victim had gone to nearby orchard for picking up firewood when Lalan Mahto and his wife Manju Devi enticed her to come to the parental home of Manju Devi. Later when the informant learnt about the disappearance of the victim, he contacted Lalan Mahto at his inlaws house who told him that he will assist him in tracing out the victim and that is how lodging of the First Information Report was delayed. - 2 - Suresh Mahto @ Suresh Kumar is also alleged to have stated before the informant that he shall also assist him in tracing out the girl. Till date the victim girl has not been traced out, in the circumstances, I am not inclined to admit the petitioners above named to the privilege of bail in the event of arrest. They are directed to surrender in the court of Sub-Divisional Judicial Magistrate, West, Muzaffarpur in connection with Motipur P.S. Case No. 153 of 2008 within four weeks from the date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law. Rajesh/ (V.N.Sinha, J.)