IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8711 of 2010 NAGINA CHOUDHARY Versus STATE OF BIHAR ----------- 3 25.05.2010 Heard the learned counsel Sri B.N. Mishra on behalf of the petitioner, Nagina Choudhary who is in custody since 06.02.2007 in Ram Nagar P.S. Case No. 107/04 u/S 364A of the IPC. Heard the learned APP on behalf of the state. According to the prosecution case, the informant, Sitapati Devi filed written report alleging that her husband , Sheojee Pd. Gupta was kidnapped by eight unknown persons alongwith other labour, Md. AAis. The learned counsel for the petitioner submitted that the petitioner is not named in the F.I.R. and there is no reliable evidence against him in the case diary. On the otherhand, the learned APP objected the prayer for bail and submitted that husband of the informant is still traceless and there are 18 criminal cases pending against the petitioner. From perusal of Paragraphs-99, 100 and 101 of the case diary, it appears that the witnesses have seen and identified this petitioner while kidnapping the husband of the informant. They have stated that the criminals including this petitioner kidnapped the husband and were taking him 2 assaulting in the way. Considering the above facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. Accordingly, this bail application is rejected. AKV/ (Mungeshwar Sahoo,J.)