IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22702 of 2009 BHOLA SAH Versus STATE OF BIHAR ----------- 2 25.07.2009 Heard both sides. The petitioner seeks bail in a case instituted under Sections 364/367/34 of Indian Penal Code. The date of occurrence as per the F.I.R. is 12.9.2003. The complaint was lodged sometimes in 2004 which was subsequently treated as an F.I.R. on 13.10.2004. The petitioner along with four others agnates have been named as accused. The allegation is that this petitioner cooperated in taking away the boy of the petitioner to the house of the co-accused Raman Sah who is related to the brother of the petitioner. The boy, thereafter, went to Mumbai along with co-accuseds Sunil Sah and Raman Sah. It is stated in the F.I.R. that few days thereafter, the mother of the victim had a talk with her son. It is contended that the boy has not returned. When the informant wanted to inquire his whereabouts, other co-accused denied giving out any details of the boy. Learned counsel submits that this petitioner is separate from other accuseds. The allegation as per F.I.R. is that he cooperated in taking away the boy to the house of the one Raman Sah along with co-accused Sunil Sah. Learned counsel submits that in course of investigation, no witness has supported the fact that this petitioner had also accompanied Sunil Sah in 2 taking away the boy to the house of Raman Sah. It is further submitted that the informant in his re-statement has stated that this petitioner refused to cooperate with him in searching the boy. The petitioner is in custody since 16.3.2009. In the facts and circumstances of the case, let petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. District and Sessions Judge, VII, Sitamarhi in connection with Sessions Trial No. 203 of 2009 (arising out of Sonbarsa P.S. case no. 69 of 2004). pkj ( Kishore K. Mandal, J. )