IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22204 of 2009 1. RAMBALAK SINGH, SON OF LATE MATHURA SINGH 2. MURLIDHAR, SON OF RAM BALAK SINGH 3. RANJIT SINGH, SON OF RAMBALAK SINGH, ALL ARE RESIDENTS OF VILLAGE KAPASI, POLICE STATION KARANDEY, DISTRICT SHEIKHPURA VERSUS STATE OF BIHAR ----------- 2. 20.07.2009 Heard learned counsel for the petitioners and learned counsel for the State. The case is under section 364 of the Indian Penal Code. Initially, the complainant lodged a Sanha with the police informing that his son had gone to visit a fair (Mela) but he became traceless. Therefore, he requested the police for search of his son. It is stated that after about two and half months, the informant filed a formal complaint which was forwarded to the police for institution of a police case and investigation. After investigation, the police submitted final form finding no clue with regard to traceless son of the informant. However, the court below, differing with the opinion of the Investigating Officer, has taken cognizance in the case under Section 364 of the I.P.C. and summoned the accused persons including the petitioner. - 2 - Learned counsel for the petitioner submits that there is absolutely no material against the petitioner to connect him with the alleged kidnapping and on mere suspicion, he has been made accused and arrested on 30.4.2009 and since then he is in custody. It is also stated that the petitioner has no criminal antecedent. Considering the above facts and circumstances of the case and considering the fact that there is no material mentioned in the order of the learned Sessions Judge connecting the petitioner with the crime, the application is allowed. Petitioners, namely, Rambalak Singh, Murlidhar and Ranjit Singh, are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Complaint case No.363 C/2008. B.T (J.N. Singh, J.)