Nageshwar Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.16569 of 2015 (3) dt.16-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16569 of 2015 Arising Out of PS.Case No. -3 Year- 2014 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Nageshwar Rai Son of Girja Rai,

2. Nagendra Rai, Son of Girja Rai, Both are residents of village - Terasiya, Police Station - Ganga Bridge, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 16-07-2015 Heard both sides.

The complainant is the brother of the petitioners. It appears that the parties had cordial relationship but on 25.11.2013, they had a fight between themselves for shifting a plantain plant. It was stated that petitioner Nageshwar Rai had got the 12 year son of Mukesh Kumar employed in a hotel and that he heard from someone that the boy had gone missing from the hotel and when he approached petitioner Nageshwar Rai in that connection, he was asking the informant to exchange the land and then only he could be giving any clues regarding the missing boy. Submission was that the petitioner had never taken the boy away and his disappearance was known to the parents of the

Patna High Court Cr.Misc. No.16569 of 2015 (3) dt.16-07-2015 boy. Only after 25.11.2013, when the petitioners and the informant had a fight, the story of causing the disappearance of the son of the informant was weaved out.

Regard being had to the facts of the case and the circumstances attending thereon, let the above named two petitioners be directed to be released on bail either in the event of their arrest by the police or surrender in the court below on execution of a bond each of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Vaishali at Hajipur in connection with Ganga Bridge P.S.Case No.03 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dharnidhar Jha, J) B.Kr./- U