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Patna High CourtCR. MISC./34084/2015dismissed

Rishu Kumari And ORS v. The State Of Bihar

2015-10-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34084 of 2015 Arising Out of PS.Case No. -358 Year- 2014 Thana -DHANARUA District- PATNA ======================================================

1. Rishu Kumari, wife of Manoj Singh,

2. Manoj Singh @ Manoj Kumar Singh, Manoj Kumar @ Mahon Singh, S/o Ambika Singh, Both are resident of Village - Chhataki Sapahua, P.O. + P.S. Gourichak, Distt. Patna.

3. Arun Singh @ Arun Kumar Singh, son of Shiv Chandra Singh, R/o Vill. Alavakaspur, P.O. + P.S. Gourichak, Distt. Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suresh Prasad, Advocate. For the Opposite Party/s : Mrs. Gulnar Begum, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-10-2015 Heard both sides.

The petitioners, three in number, apprehend their arrest in a case under Sections 364/34 of the Indian Penal Code. The informant, mother of the victim, alleged that her son Deepak Kumar left his house to attend the ailing sister of Dhananjay Kumar. Deepak Kumar made a call on the mobile of Akhilesh Das and asked him to come along with Guddu. Thereafter, the informant and others went to the house of Rishu Kumari and enquired from her about Deepak Kumar but her son did not return. Learned counsel for the petitioner submits that there is no case of abduction. The victim boy himself left the house. It is said that the victim had love affairs with Rishu Kumari

Patna High Court Cr.Misc. No.34084 of 2015 (3) dt.15-10-2015 2/2 (petitioner no. 1) but the petitioner no. 1 is a married woman. There is no material to show that the petitioners kidnapped the victim.

During the course of investigation, it has come that the victim visited the house of Rishu Kumari and thereafter he became traceless. It has come that the victim was having love affairs with Rishu Kumari. The victim is still traceless. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in Dhanarua P.S. Case No. 358/2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T