IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9310 of 2009 1. JUDGE KUMAR 2. SHANKAR YADAV @ BARKA Versus STATE OF BIHAR ----------- 05 16.09.2009 Heard both sides. Petitioners have approached this court seeking anticipatory bail in a case instituted under Sections 364A of the Penal Code. In relation to kidnapping/ abduction of the husband of the informant initially a case was lodged in Jehanabad on 05.06.2006 vide Jehanabad P.S. Case no. 124/2006. Subsequently it appears that another application by the wife of the victim was filed at Patna on 12.03.2007 which gave rise to Phulwarichak P.S. Case no. 168/07. It is contended that both the matters were investigated. The name of the petitioners has not surfaced in course of investigation as one of the accuseds who were involved in any manner in the occurrence. It is next contended that they approached the learned Sessions Judge for anticipatory bail in January 2008 which remained pending until 06.02.2009, when the same was rejected. On the other hand, learned APP appearing on behalf of the State, looking to the case diaries of both the cases stated before this court that there is/are material(s) against other accused persons but not against the petitioners. She, however, 2 submits that even charge sheet has not been filed against the petitioners. Learned counsel for the petitioners also states that till today charge sheet has not been filed. Having regard to the aforesaid submissions, this court persuaded to extend them the privilege of anticipatory bail. In the facts and circumstances of the case, let petitioners, above named, in the event of arrest or surrender before the court below within a period of 04 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Patna in connection with Phulwari/Gaurichak P.S.Case no. 168 of 2007, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that petitioners must appear before the Investigating Officer of this case as and when called upon. In case of default in such appearance before the Investigating Officer, Investigating Officer of the case shall have liberty to approach the court below for cancellation of the bail bonds. Sym/ (Kishore K. Mandal, J.)