Kalendra Kharwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21740 of 2015 Arising Out of PS.Case No. -532 Year- 2013 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Kalendra Kharwar Son of Late Vishwanath Kharwar Resident of village - Rehi, P.S. Shivsagar, District - Rohtas at Sasaram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. Sucheta Yadav (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-09-2015 Heard both sides The petitioner seeks bail in a case under Sections 364/34 of the Indian Penal Code.

The mother of the victim Ajay Kharwar alleged that Rinku Devi (wife of Ajay Kharwar) and the petitioner took her son Ajay Kharwar along with them but her son did not return. It is submitted that there was some dispute with regard to partition. The occurrence took place on 20.07.2013 but the complaint petition as filed after much delay, on the basis of which, the present F.I.R. was lodged on 05.11.2013.

It has come during the course of investigation that Rinku Devi, wife of Ajay Kharwar, developed illicit relation with the petitioner and, on one pretext or other, Rinku Devi and the petitioner took Ajay Kharwar along with them but Ajay Kharwar

Patna High Court Cr.Misc. No.21740 of 2015 (3) dt.10-09-2015 2/2 did not return. Rinku Devi also returned but she did not give any satisfactory reply. One day she was found leaving her house after deserting her children. Thereafter, the informant got suspicious. Ajay Kharwar is still traceless.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Bhabua (Sonhan) P.S. Case No. 532 of 2013. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T