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Patna High CourtCR. MISC./34836/2019rejected

Arun Rai v. The State Of Bihar

2019-08-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34836 of 2019 Arising Out of PS. Case No.-355 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== 1.

Arun Rai Son of Late Bhajan Rai, Resident of Village - Idilpur, P.S.- Dariyapur, Dist.- Saran at Chapra.

2.

Guddu Kumar Son of Arun Rai, Resident of Village - Idilpur, P.S.- Dariyapur, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sharma For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2019 Heard both sides.

Petitioners apprehend their arrest in Dariyapur P.S. Case No.355 of 2018 registered under Sections 363, 365, 366 and 34 of the Indian Penal Code.

The informant (father-in-law of the victim) disclosed that his son was married with Gudiya Devi. The petitioners used to come to the house of informant. The informant alleged that they took away Gudiya Devi and she is still traceless. Learned counsel for the petitioners submits that the occurrence took place on 24.10.2018 but the F.I.R. was lodged on 01.11.2018. There is no satisfactory explanation for such delay. The mother of the victim filed complaint case on

Patna High Court CR. MISC. No.34836 of 2019(3) dt.17-08-2019 2/2 14.03.2019 that Butan Rai (informant) and others killed her daughter and disposed of her dead body. Nobody has seen the petitioners taking away Gudiya Devi but from perusal of the case-diary, it appears that during course of investigation, besides the informant, the other witnesses have stated that the petitioners kidnapped Gudiya Devi (victim). The victim is still traceless.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below, the learned court below shall consider the prayer for regular bail of the petitioners taking into consideration that one of the coaccused, namely, Bhagmania Devi has already been granted regular bail.

(Prabhat Kumar Jha, J) Harish/- U T