Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31313 of 2015 Arising Out of PS.Case No. -90 Year- 2004 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kishore Kumar S/o Siyaram Mahto Resident of Village - Parsanda, P.S. - Sahodara, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s : Mr. Ahmad Ali, App ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State. Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/34 and 120B of the Indian Penal Code.

The prosecution case is that the dead body of Bhagan Das was found hanging on the Pipal tree. It is also alleged that coaccused Rajesh Mahton and Kailash Bihari, with the help of 3-4 unknown persons, killed the victim and hanged the dead body on the Pipal tree.

It is submitted by learned counsel for the petitioner that petitioner is not named in the FIR. The FIR was registered in the year, 2004 and charge-sheet has been submitted after declaring the

Patna High Court Cr.Misc. No.31313 of 2015 (2) dt.04-08-2015 2/2 petitioner as absconder on 29.09.2005 and learned Chief Judicial Magistrate, Bettiah took cognizance on 30.10.2006. It is submitted that the process under 82-83 Cr.P.C has never been executed against the petitioner.

Considering that the FIR was registered in year 2004 and cognizance was taken in the year 2006, this Court is not inclined to entertain the application.

With the observations above, the application stands disposed off.

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