IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26309 of 2011 1 Md. Sagir, son of Late Idd. Mohammad, resident of village – Baghara, P.S. – Siwan, District – Siwan. 2 Mannu Khan, son of Md. Farid Khan, resident of village – Parwa, P.O. Parwa, P.S. – Barhariya, District – Siwan. -------- Petitioners. Versus The State of Bihar ----Opposite Party ******* 03. 13.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both the petitioners, apprehending their arrest in connection with Uchkagaon P.S. Case No. 65/2010 for offences under Sections 366/379/120B of the Indian Penal Code, are named accused in this case instituted on the basis of complaint case no. 1446/2010 with allegation of abducting wife of the complainant informant who was blessed with four children, but, since the complainant informant was mostly residing in foreign country and had sweet-relationship with petitioner no. 2. Submission is that it is the complainant informant who has in fact got the victim disappeared for which earlier Siwan Sadar (Muffasil) P.S. Case No. 96/2010 on the basis of complaint case no. 880/2010 has already been instituted at the instance of petitioner no. 1. Learned Additional Public Prosecutor who is armed carbon copy of the case diary of both the cases submits that in the investigation, it has come that victim has been residing with petitioner no. 2, but without further details and investigation is still pending. It is pointed out that few children of the victim in their statement stated about the victim going with their father i.e. informant of instant case and since then she is traceless. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge-sheet, let the above- named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj, in connection with Uchkagaon P.S. Case No. 65/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to remain physically present before the court below till submission of charge sheet and on the dates fixed and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)