Hare Ram Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41578 of 2015 Arising Out of PS.Case No. -487 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. Hare Ram Yadav Son of Tuntun Choudhary, Resident of Village- Sarsa, Police Station- Siwan Muffasil (Dhanauti O.P.), District- Siwan.

2. Tuntun Choudhary Son of Late Yashoda Chaudhary Resident of Village- Sarsa, Police Station- Siwan, Muffasil (Dhanauti O.P.) DistrictSiwan. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeet Kumar, Advocate For the Opposite Party/s : Mr. Md.Nazir Ansari(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-01-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners apprehend their arrest in connection with Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 487 of 2014 registered for the offence punishable under Section 366 of the Indian Penal Code. Initially, Complaint Case No. 2918 of 2014 was filed against these petitioners, which was later on converted into aforesaid Siwan Muffasil (Dhanauti O.P.) P.S. Case No. 487 of 2014 and a formal First Information Report has been drawn. As per the prosecution case, allegation against these petitioners is that they kidnapped the minor daughter of the informant and demanded second hand Bolero vehicle in lieu of

Patna High Court Cr.Misc. No.41578 of 2015 (3) dt.27-01-2016 2/2 releasing the victim girl. Petitioners also threatened that if their demand is not fulfilled, victim girl will be killed. It has been submitted by the learned counsel for the petitioners that there is land dispute between the parties and the complaint case has been lodged after fourteen days of the alleged date of occurrence. Hence, the allegation is unfounded on account of delay. It has further been submitted that the daughter of the informant was having love affairs and must have eloped with her lover.

From perusal of paragraph 34 and other paragraphs of the case diary, it appears that there is specific allegation against these petitioners. The minor girl is still traceless. Under such circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners. This application is, accordingly, rejected.

(Nilu Agrawal, J.) Arjun/- U T