IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12162 of 2010 RAJ KISHORE SAH,son of Siyaram Sah,resident of village-Sirahi, P.S.-Riga, District- Sitamarhi. .. Petitioner Versus THE STATE OF BIHAR .. Opp.Party ----------- For the Petitioner :Mr. Hans Lal Kumar,Advocate For the State :Mr. R.B.Ray `Raman’,Addl.P.P. ----------- 02/ 05-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 363, 364 and other allied offences of the Penal Code, petitioner is named in the FIR as an accused. One Dilip Ram s/o the informant was allegedly taken by the accused persons for some work to Gujrat. Since the accused persons returned to their house, but the alleged victim has not returned till date. Therefore, after delay of about one year the present case has been lodged. It is submitted by the learned counsel for the petitioner that the entire prosecution case is apparently based on suspicion and surmises, but he has fairly conceded that till date the alleged victim has not been recovered and still he is traceless as per the prosecution case. Be that as it may, in view of the fact that the alleged victim- Dilip Ram has not been traced out as yet, the prayer for anticipatory bail made on behalf of the petitioner is rejected. The petitioner must surrender in connection with Riga P.S.Case No.137/2008 within a period of four weeks from today and seek regular bail, if so advised. If such a petition is filed, the 2 same shall be considered and disposed of on its own merit without being prejudiced by the present order. AH/ ( Birendra Prasad Verma, J.)