Patna High CourtCR. MISC./39893/2016rejected

Lal Bihari Choudhary And ORS v. The State Of Bihar

2016-09-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39893 of 2016 Arising Out of PS.Case No. -110 Year- 2010 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Lal Bihari Choudhary S/o Sri Ram Nath Choudhary

2. Parmeshwa Choudhary @ Bikau Choudhary S/o Late Lal Jee Choudhary

3. Rama Shankar Choudhary S/o Sri Kedar Choudhary @ Janki Choudhary All are resident of Village- Arang Tola, P.S.- Dinara, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-09-2016 Heard both sides.

The petitioners apprehend their arrest in Dinara (Bhanas) P.S. Case No. 110/2010, registered for the offences punishable under Section 364 of the Indian Penal Code. The informant made allegation that the petitioners and other accused persons kidnapped his brother Badshah Chaudhary.

Learned counsel for the petitioners submits that the occurrence took place on 09.04.2010 but the complaint petition was filed on 26.04.2010 on the basis of which the present FIR was lodged on 03.05.2010. It is further submitted that the brother of the informant was mad. He used to go anywhere without

Patna High Court Cr.Misc. No.39893 of 2016 (2) dt.20-09-2016 2/2 intimation to his family members. During course of investigation, many of witnesses have stated this fact.

On the other hand, it appears from the order of the learned Sessions Judge that the informant and many other witnesses have very categorically stated that the petitioners kidnapped the brother of the informant and the victim is traceless. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T