IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6939 of 2011 SURESH RAI s/o Bahadur Rai, Resident of village Rampur Atauly, P.s. Isuapur, Distt. Saran. …………….Petitioner. Versus THE STATE OF BIHAR ……….Opposite party ----------- 2 9.3.2011 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. This petition has been filed for anticipatory bail by the petitioner who is accused for offences punishable under sections 364/365 of the Indian penal Code. 3. Earlier the petitioner filed Cr. Misc. No. 9542 of 2007 for the same relief but it was dismissed by order dated 4.4.2007 (Annexure-1) on the ground that specific allegation has been leveled against all the accused persons including the petitioner with regard to the victim boy who was still missing. 4. Learned counsel for the petitioner submits that though the alleged victim boy has himself returned to his house several months back but his statement could not be taken as he is mentally retarded. He further submits the said boy was mentally retarded from his childhood and had been lost due to the said reason and hence there was 2 no question of anyone kidnapping him. 5. He avers that the son-in-law of the informant is a notorious criminal and is inimical towards the petitioner due to which he has been falsely implicated. It if further stated that petitioner is a peace loving businessman of Kolkata where he is dealing in coal business. 6. Learned counsel for the petitioner states that the petitioner could not move earlier because this matter was being reinvestigated at the instance of Deputy Director General of Police during which the boy has returned. 7. Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. Let petitioner, Suresh Rai be released on bail on furnishing bail bond of Rs. 10,000 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Saran in connection with Isuapur P.S. Case No. 37 of 2006. Prakash ( S.N .Hussain, J.)