Satendra Nath @ Chhotu Sonar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24180 of 2015 Arising Out of PS. Case No.-40 Year-2013 Thana- JAKKANPUR District- Patna ====================================================== Satendra Nath @ Chhotu Sonar S/O Late Sambhu Nath resident of Karbigahia, P.S. Jakkanpur, Dist.- Patna.
... ... Petitioner/s
Versus
1.
The State Of Bihar.
2.
Subodh Kumar S/O Late Birchand Ram resident of near Santosh Hotel, Karbigahia, P.S Jakkanpur, Dist- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-02-2023 No one appears on call although learned APP is present.
Yesterday also on call no one had represented the petitioner.
The present petition is against the order dated 27.04.2015 by which cognizance has been taken under Section 365/34 of the IPC in connection with Jakkanpur P.S. Case No.40 of 2013.
As per the prosecution story, the informant alleged that the accused Satyendra Nath @ Chhote Sonar and Mithilesh Kumar took his younger brother Pramod Kumar who never returned, although Mithilesh Kumar told that he has gone to
Patna High Court CR. MISC. No.24180 of 2015(2) dt.14-02-2023 2/2 Kolkata and will return within couple of days. The same theory was parroted by Satendra Nath also. The informant had genuine suspicion that as the relative of Satendra Nath was ill and his kidney was not functioning, he may have taken his brother to Kolkata for removal of his kidney to be planted to the injured relative. Accordingly, the FIR.
Considering the kind of allegation that has come in the FIR as also the fact that the police investigated the matter, found the case to be true and cognizance taken in the matter, no relief can be extended.
As such, the petition stands dismissed.
(Rajiv Roy, J) Prakash Narayan /- U T