Rambalak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42090 of 2023 Arising Out of PS. Case No.-766 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.

Rambalak Singh Son Of Late Devki Singh Resident Of VillageRamchandrapur, Ps- Pipriya, Distt- Lakhisarai 2.

Ramnath Sharma @ Ramnath Singh Son Of Rambalak Singh Resident Of Village-Ramchandrapur, Ps- Pipriya, Distt- Lakhisarai 3.

Jay Jay Ram Kumar @ Jay Jay Ram Son Of Rambalak Singh Resident Of Village-Ramchandrapur, Ps- Pipriya, Distt- Lakhisarai 4.

Raja Ram Singh Son Of Rambalak Singh Resident Of VillageRamchandrapur, Ps- Pipriya, Distt- Lakhisarai ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Amresh Kumar Son Of Ramashish Prasad Singh Resident Of Village- Purani Bazar, Ward No. 5, Ps And Distt- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advocate Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP Mr. Rakesh Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2023

1. This application has been filed for quashing the order dated 15.04.2023 passed by learned C.J.M. Lakhisarai in Lakhisarai P.S. Case No. 766 of 2021 by which the learned Magistrate took cognizance under Section 365/34 of the I.P.C.

2. As per the prosecution case, one Amresh Kumar lodged a written report that his son was abducted by the petitioners and the cause of this incident is said to be demand of extortion money.

Patna High Court CR. MISC. No.42090 of 2023(2) dt.02-08-2023 2/2

3. I have heard the learned counsel for the petitioner.

4. It has been submitted by the learned counsel for the petitioners that cognizance has been taken after differing with the final form and the petitioners are quite innocent.

5. Learned counsel for the O.P. No. 2 and learned APP for the State has taken this Court to the statement of the victim recorded under Section 164 of the Cr.P.C. which shows that the victim was kidnapped.

6. In these circumstances, I am not inclined to interfere in this matter.

7. Accordingly, this application is dismissed. (Sandeep Kumar, J) Shishir/- U T