IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15504 of 2008 JAMSHED ALI & ORS Versus STATE OF BIHAR ----------- 2. 6.5.08. Heard learned counsel for nine petitioners and also learned A.P.P. for the State. The petitioners who have been implicated as accused in Complaint Case No. 1150/2005 for offence under Section 365/34 I.P.C. are apprehending their arrest in connection therewith and have prayed for anticipatory bail. In the complaint, the allegation is that son of the complainant had gone to Delhi with family members of Jamshed Ali but the son of the complainant had not returned. It has also been alleged that some villagers had seen the complainant’s son with the family members of the Jamshed Ali and it has been alleged that his son has been traceless for over five months. It has been submitted on behalf of the petitioners that all of them belong to the same family and have been falsely implicated due to previous enmity resulting from the fact that Jamshed Ali had earlier filed Amdabad P.S. Case No. 40/2001 against the present complainant and others under Section 379 and other minor Sections of the Penal Code and the present case is counter blast to the aforesaid case. It has also been submitted that from the recital in the complaint petition no offence u/s 365 I.P.C. is made out. Learned counsel for the petitioners also sought to refer to the Sanha petition filed by him since the complainant was threatening him off and on to - 2 - withdraw Amdabad P.S. Case No. 40 of 2001. Submission by the learned counsel for the petitioner appears to be very enticing. But unfortunately there is no material for grant of anticipatory bail to the petitioners These matters may be considered at the stage of the trial or consideration of regular bail. Due regard being had to the facts and circumstances of the case, the petitioners are directed to surrender before the court below and move for regular bail and in the event surrender, the trial court shall take into consideration the question of enmity between the parties and also earlier case filed by the petitioners and dispose of the petition at the earliest in accordance with law. With the aforesaid observation this application is disposed of. The petitioners are directed to deposit requisite cost so that the order may be sent to the court below through Fax. M. Pal. (Abhijit Sinha, J.)