Gupteshwar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61496 of 2021 Arising Out of PS. Case No.-110 Year-2010 Thana- DINARA District- Rohtas ====================================================== Gupteshwar Choudhary S/O Late Lalmohar Choudhary R/o villageSundarvan, P.S.- Dinara, District- Rohtas ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 61627 of 2021 Arising Out of PS. Case No.-110 Year-2010 Thana- DINARA District- Rohtas ====================================================== Ramashankar Chaudhary Son of Kedar Chaudhary @ Janki Chaudhary Resident of Village- Arang Tola, P.S- Dinara, District- Rohtas at Sasaram ... ... Petitioner
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 61496 of 2021) For the Petitioner/s :
Mr.Umesh Narayan Dubey For the Opposite Party/s :
Mr.Anil Prasad Singh (In CRIMINAL MISCELLANEOUS No. 61627 of 2021) For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2022 Heard learned counsel for the parties.
The petitioners are the accused in connection with Dinara P.S. Case No. 110 of 2010 under Sections 364 of the Indian Penal Code.
In Cr. Misc. No. 61496 of 2021, an Interlocutory Application has been filed stating therein that in the main
Patna High Court CR. MISC. No.61496 of 2021(2) dt.21-04-2022 2/3 petition prayer portion has wrongly been typed as Section 438 of the Code of Criminal Procedure which may be read as Section 439 and 440 of the Code of Criminal Procedure. The prayer is allowed.
Interlocutory Application No. 1 of 2022 is disposed of.
As per the prosecution story, the informant has alleged that his brother Badshah Chaudhary was kidnapped by all the accused persons including the petitioners herein on 09.04.2010 and his brother has not yet been recovered. It was under this circumstances that the case was lodged against the accused persons.
The matter is of 2010. For 11 long years, both these petitioners evaded arrest.
Learned counsels for the petitioners submit that they were availing the privilege of anticipatory bail which according to them was preferred in 2016 which was finally rejected. Even then the petitioners chose not to surrender.
As stated, both these petitioners finally came into judicial custody in July, 2021.
Taking into account the aforesaid facts, this Court for the present is not inclined to grant any relief to both the
Patna High Court CR. MISC. No.61496 of 2021(2) dt.21-04-2022 3/3 petitioners in Cr. Misc. No. 61496 and Cr. Misc. No. 61627 of 2021and the same are hereby rejected.
(Rajiv Roy, J) mdrashid/- U T