IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5195 of 2010 1. MD.JAMIR Son of Md. Jumman 2. Md. Safar Son of Md. Amir 3. Md. Sahabuddin Son of Md. Safiq 4. Md. Safiq @ Safi Mohammad Son of Md. Jumman 5. Md. Amir @ Md. Ahir Son of Md. Jumman Versus THE STATE OF BIHAR ----------- 4/ 22.04.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Section 364 of the Indian Penal Code. The informant stated that the whole village was damaged by Koshi flood in 2008. On 25.08.2008 her son aged about 12 years was missing. One Md. Firoj informed that the informant’s son has been seen at the house of accused persons. On enquiry the accused persons stated that the informant would get her son back, if she makes payment of Rs. 50,000/-. The petitioners submit that though the son of the informant has been missing since 25.08.2008 but the instant complaint was filed belatedly on 06.07.2009 and there is no explanation for delay in filing the complaint. Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. Their prayer for anticipatory bail is rejected. The fact that the instant case has been lodged after a gap of 11 months may be a relevant ground for grant of bail. Thus, if the petitioners surrender before the court below (Chief Judicial Magistrate, Madhepura in Connection with G.R. No. - 2 - 991 of 2009 arising out of Singheshwar P.S. case no. 59 of 2009) within six weeks from today and seek regular bail, the same would be disposed of preferably on the same day on its own merit without being prejudiced by this order. Uday/ (Samarendra Pratap Singh, J.)