IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32675 of 2008 1. ARJUN SAH 2. VIKASH PATEL ….. PETITIONERS Versus 1. THE STATE OF BIHAR ….. OPP. PARTY ----------- 04 10.09.2009 Heard both sides. Petitioners seek anticipatory bail in a case instituted under Sections 366A and 376 of the Indian Penal Code. The informant in the morning noticed that his minor daughter Nisha Kumari was missing from house. Her belongings were also not there. He, therefore, raised suspicion in the F.I.R. against one Bhim Sah, who was close to the family. Petitioner no.1 is brother of Bhim Sah, whereas petitioner no.2 is friend of Bhim Sah. It is submitted that informant in his re-statement stated that the names of the present petitioners were incorporated in the F.I.R. at the instance of others. He goes on record stating that these two petitioners were, in fact, helping him in searching out the missing daughter. Referring to Annexure-2, it has been contended that on conclusion of the investigation including supervision by the Superintendent of Police, it was found that the implication of the petitioners are not based on material available on record. Accordingly, charge- 2 sheet was submitted only against co-accused Bhim Sah. It appears, the court below differing with the report has taken cognizance and hence the present application. It is submitted that co-accused Bhim Sah, who was initially absconding has since surrendered and as is in jail custody. Considering the submission and looking to the materials available on record, this Court is persuaded to extend the petitioners privilege of anticipatory bail. In the facts and circumstances of the case, the above named petitioners, in the event of arrest or surrender in the court below within four weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 111 of 2007, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This order is subject to further condition that the petitioners shall cooperate with the court in early disposal of the case. P.K. (K.K. Mandal, J.)