IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45446 of 2009 BHARAT SAO Versus STATE OF BIHAR ----------- 3 2.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Digha P.S. case No. 83 of 2009 dated 12.5.2009 registered under section 364 of the Indian Penal Code. Petitioner is specifically named in the first information report as an accused and there is specific allegation of kidnapping against the petitioner. Learned counsel for the petitioner submits that the present first information report was lodged after delay of about one month , which creates great doubt about the genuineness of the prosecution allegation against the petitioner. He further submits that petitioner had absolutely no motive to participate in the crime in question. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that the victim has not been recovered as yet. In the aforesaid back ground and particularly in view of the fact that the alleged victim is still traceless, the prayer for anticipatory bail made on behalf of the petitioner is dismissed. He - 2 - must surrender in the court below within four weeks from today and seek regular bail, if so advised. If such a petition is filed, then the same may be disposed on its own merit without being prejudiced by the present order. (Birendra Prasad Verma, J) M.Rahman