IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46636 of 2008 1. BABITA KUMARI @ BUNNI W/O SRI ASHOK KUMAR SINGH R/O VILL- SAHORA, P.S. SANGRAMPUR, DIST. MUNGER, A/P RESIDING AT JAWAHAR NAGAR, P.S. SHAMBHUGANJ,DIST.BANKA. ---------- PETITIONER Versus 1. STATE OF BIHAR -------------- OPP. PARTY. ----------- 04. 10.04.2009 Heard both sides. The sole petitioner, who is a lady, has approached this court for grant of anticipatory bail in a case instituted under Sections 365 and 368 of the Penal Code. As per F.I.R. the grand daughter of the informant had accompanied this lady to temple. The petitioner herein returned but the girl did not return along with her. On that basis an F.I.R. was lodged alleging therein that the girl who had accompanied the petitioner did not return home. The F.I.R. discloses that one Ashwani Kumar Mishra had some hand in kidnapping of the grand daughter of the informant. Learned counsel for the petitioner submits that one Mukesh Kumar, who was a resident in the neighbourhood and acquainted to the family against whom the suspicion was raised, in course of investigation, was arrested by the police. He has not disclosed the name of the petitioner. Referring to paragraph no.10 of the case diary, it has been submitted that one Chhote Kumar, whose name figures in the F.I.R., as a person who 2 disclosed the complicity of Ashwani Kumar Mishra in the offence has also not named the petitioner. Learned counsel for the informant submits that the girl has not returned home till date and the matter is being investigated. Having regard to all the facts emanating from the record, this court is inclined to admit the petitioner to anticipatory bail which shall be confined only for the period the matter is under investigation. No sooner the charge-sheet/final form is submitted the present order granting her bail shall cease and the petitioner shall be at liberty to apply afresh for grant of bail. In the event of her arrest or surrender within a period of four weeks from today before the court below, above named petitioner is directed to 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 the Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case no. 111/2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This court once again clarifies that this privilege of bail granted to the petitioner shall be effective only during the investigation of the case. Sym/ (Kishore K. Mandal, J.)