Rajendra Kumar Jha @ Rajendra Jha And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8176 of 2014 Arising Out of PS.Case No. -212 Year- 2012 Thana -BIHTA District- PATNA ===========================================================

1. Rajendra Kumar Jha @ Rajendra Jha S/o Late Raghu Nandan Jha @ Tunni Jha

2. Sonu Kumar Jha @ Sonu Kumar @ Sonu S/o Rajendra Kumar Jha @ Rajendra Jha Both Residents of Village- Loria, P.S.- Tarapur, District- Munger at present P.S. Campus, Bihta, District- Patna .... .... Petitioners

Versus

1. The State of Bihar

2. Ranjeet Jha, Son of Sri Chiranjiv Jha

3. Mukesh Jha, Son of Sri Chiranjiv Jha Both residents of Village Dimai, P.S. Fulli-Dumar, District Banka .... .... Opposite Parties =========================================================== Appearance :

For the Petitioners :

Mr. Subodh Kumar Jha, Advocate For the State :

Mr. Mushtaque Alam, APP For O.P. No.3 :

Mr. Sanjay Kumar Jha, Advocate Mr. Satyaveer, Advocate Mr. Sanjeev Kr. @ Deepak Sahay, Adv.

=========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 21-07-2017 Heard learned counsel for the parties.

2. The petitioners have filed this application for quashing First Information Report of Bihta P.S. Case No.212 of 2012 dated 20.07.2012 lodged under Sections 364/365/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that only allegation against the petitioners is that the sister-in-law of petitioner no.1 brought the younger brother of the informant at his residence thereafter he is traceless and petitioner no.2 is the son of petitioner no.1. Though the police has submitted charge sheet against Fulo Devi

Patna High Court Cr.Misc. No.8176 of 2014 dt.21-07-2017 2 / 2 but still investigation is pending against these two petitioners whereas learned counsel appearing on behalf of the informant submits that petitioner no.1 was the Munshi in Bihta police station when the case was instituted and due to his influence the investigation is pending.

4. It appears that the petitioners are named in the First Information Report. Allegation is that the informant's brother was brought at the home of the petitioners and became traceless thereafter. Still the boy is traceless so the defence of the accused persons cannot be considered at this stage, so this application stands dismissed. (Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2017 Transmission Date 31.07.2017