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Patna High CourtCR. MISC./32959/2014dismissed

Anil Singh @ Anil Kumar Singh v. The State Of Bihar

2015-03-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32959 of 2014 Arising Out of PS.Case No. -210 Year- 2014 Thana -BUXAR District- BUXAR ======================================================

1. Anil Singh @ Anil Kumar Singh son of late Sri Ram Singh resident of village Balihan ,P.S.Simari District Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.43463 of 2014 Arising Out of PS.Case No. -210 Year- 2014 Thana -BUXAR District- BUXAR ======================================================

1. Santosh Kumar Singh @ Santosh Kumar Son of Madan Singh resident of village - Baruna, P.S. Bihiya, District - Bhojpur .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.32959 of 2014) For the Petitioner/s : Mr. Rana Vikram Singh, Advocate. For the Opposite Party/s : Mr. Ramshankar Das(Spl.P.P.) (In Cr.Misc. No.43463 of 2014) For the Petitioner/s : Mr. Rana Vikram Singh, Advocate. For the Opposite Party/s : Mr. Ram Shankar Das(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2015 Since both the cases have arisen out of one occurrence, they are being disposed of by this common order.

Heard both sides.

The petitioners apprehend their arrest in Buxar Town P.S. Case No. 210 of 2014, registered for the offences punishable under Sections 363, 365 and other Sections of the Indian Penal Code.

Patna High Court Cr.Misc. No.32959 of 2014 (3) dt.12-03-2015 2/2 The father of the victim alleged that his son Jagnarayan Paswan was working in Apsara restaurant and beer bar owned by Anil Singh. Santosh Kumar Singh @ Santosh Singh is one of the staff of the beer bar. Jagnarayan Paswan is traceless and the informant suspected that since some wine shop was running in the name of the victim, therefore, the petitioners might have kidnapped him. Mr. Arun Kumar Singh the learned counsel for the petitioners submits that during the course of investigation the police got statement of Ashok Kumar Pandey recorded under Section 164 of the Cr.P.C. and he disclosed that Jagnarayan Paswan was working in Madhya Pradesh with him. It is further submitted that other witnesses have also stated that Jagnarayan Paswan had taken wine and went away somewhere else.

On perusal of records, it appears that the informant made specific allegation that the petitioners kidnapped his son only because three shops of the petitioners Anil Singh @ Anil Kumar Singh was running in the name of Jagnarayan Paswan who is still traceless. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T