IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27691 of 2009 DILIP TIWARI Versus STATE OF BIHAR ----------- 2 21.08.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 364A/34 of Indian Penal Code. Two accused persons are named in the F.I.R.. Petitioner is not named therein. The occurrence had taken place in February, 2004. The boy was recovered and was made to make statement under Section 161 as well as Section 164 Cr.P.C. Impugned order indicates that he did name the petitioner as one of the kidnappers in his statement. Learned counsel submits that the accused persons named in the F.I.R. has since been tried and acquitted of all the charges. It appears that the petitioner is in custody since 3.6.2009. Learned counsel submits that the trial of the petitioner has not yet begun. Looking to the fact that the name of the petitioner did transpire in the statement of the victim as also that he absconded for some time in this case, this court, for the present, is not inclined to admit him to bail The prayer for bail stands rejected. This court, however, cannot be oblivious of the fact that the accused persons named in the F.I.R. have been since been tried and acquitted of the charges. Having regard to that aspect of the matter, this court observes that if the trial of the 2 case is not taken up and concluded within seven months from the date of receipt/communication of a copy of this order, the petitioner shall have liberty to renew his prayer for bail. pkj ( Kishore K. Mandal, J. )