Deo Narayan Lal @ Deo Narain … vs The State Of Bihar on 27 October, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.38286 of 2010
                  1. DEO NARAYAN LAL @ DEO NARAIN BURNWAL,
                     Son of Dhani Modi.
                  2. Bimla Devi Wife of Deo Narayan Burnwal.
                  3. Mala Devi Wife of Sukhdeo Modi,
                     All Resident of Village- Bodwa, P.S.-Jhajha, District-Jamui.
                                                         .............Petitioners.
                                          Versus
                  THE STATE OF BIHAR                    .........Opposite Party.
                                        -----------

2 27.10.2010 Heard the parties.

This is second attempt made by the petitioners for

anticipatory bail in a criminal prosecution registered under section 364

of the Indian Penal Code. The F.I.R. vide- Annexure-2 was lodged on

09.08.2008 with respect to abduction of the husband of the informant.

It appears that the victim was traceless for about 2 years and in that

view of the matter, prayer for anticipatory bail made on behalf of the

petitioners, besides others, was rejected by an order dated 28.07.2010

passed in Criminal Misc. No. 23173 of 2010 (Annexure-1).

Now it is submitted that subsequently the alleged victim

appeared in the Court and allegedly filed a petition vide Annexure-4

denying prosecution allegation. However, learned counsel for the

petitioners is not in a position to state that the statement of the victim

Sandeep Burnwal has been recorded till date either by the police under

section 161 Cr. P.C. or by the learned Magistrate under section 164

Cr. P.C. In that view of the matter, this Court is not inclined to accede

to the prayer made on behalf of the petitioners for grant of anticipatory

bail.The prayer for anticipatory bail is rejected once again with

liberty to the petitioners to surrender in the court below in connection
2

with Chandramandih P.S. Case No. 68 of 2008 in the court of Chief

Judicial Magistrate, Jamui, within a period of 4 weeks from today and

seek regular bail, if so advised. If such a petitioner is filed for regular

bail, and learned Magistrate is satisfied, on verification, about

recovery of the alleged victim and about the genuineness of the

petition allegedly filed on behalf of the alleged victim, then in that

case he may consider favourably the prayer for bail made on behalf of

the petitioners and will dispose of the same as expeditiously as

possible.

With the aforesaid observations and directions, this

application stands disposed of.

Let this order be communicated through fax at the cost of

the petitioners.

( Birendra Prasad Verma, J )

M.Rahman/Anjani