Patna High CourtCR. MISC./22735/2015disposed

Atwar Singh And ORS. v. The State Of Bihar

2015-06-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22735 of 2015 Arising Out of PS.Case No. -4 Year- 2005 Thana -NARAINPUR District- BHOJPUR ======================================================

1. Atwar Singh

2. Shiv Nandan Singh Both Sons of Nathuni Singh

3. Awadhesh Singh

4. Angad Singh Both Sons of Atwar Singh

5. Dhirendra Singh Son of Awadhesh Singh All above Petitioners resident of village - Baghuain, P.S. Narayanpur, District - Bhojpur .... .... Petitioners

Versus

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

For the Petitioners : Mr. Anant Kumar Pandey For the Opposite Party : Mr. Manoj Kr. 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-06-2015 Heard learned counsels for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 364(A), 386, 201 of the Indian Penal Code. The accusation is kidnapping the son of the informant.

It is submitted by learned counsel for the petitioners that case was instituted in the year 2005. on conclusion of investigation petitioners were charge-sheeted and order of cognizance was passed.

The anticipatory bail application of the petitioners was dismissed vide order dated 18.08.2005 passed in Cr. Misc. No. 23396 of 2005. Subsequently the victim boy

Patna High Court Cr.Misc. No.22735 of 2015 (2) dt.25-06-2015 2/2 surfaced in the year 2006 and suggested that he was never been kidnapped and thereafter the police submitted final form. Considering the fact that the case was instituted in the year 2005, this Court is not inclined to grant anticipatory bail to the petitioners.

However, in view of the subsequent development, it is a case for consideration of prayer for regular bail, if the petitioners surrender within a period of six weeks in connection with Narayanpur P.S. Case No. 4 of 2005, pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T