High Court Patna High Court - Orders

Birbal Rai vs The State Of Bihar on 3 February, 2011

Patna High Court – Orders
Birbal Rai vs The State Of Bihar on 3 February, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.34123 of 2010
                                     BIRBAL RAI
                                         Versus
                              THE STATE OF BIHAR
                                       -----------

3 3.2.2011 Heard learned counsel for the

parties.

Petitioner is father-in-law of Sima

Devi. Allegation is about kidnapping of

Sima Devi along with Shobha Kumari at

petitioner’s hand. Defence is on the point

that petitioner is 75 years old and due to

matrimonial differences pending litigations

he along with his family members are

involved in the case that also after

several days of the incident. Both the

victims disappeared from their house on

29.1.2010 reported on 31.1.2010 and F.I.R.

is lodged on 9.2.2010. Informant is not eye

witness of the case. He gathered

information. Young lady having strained

relation with her husband if disappears it

is natural that, that will be informed

after reasonable wait followed by

hesitation in informing the matter. F.I.R.

is lodged at later stage after coming

across of witnesses on search of
2

disappeared ladies but it is an admitted

fact that both the victims are traceless

till today, may be murdered, may not be but

in any case not entitling this petitioner

who is named by witnesses also, for

anticipatory bail. Accordingly,

anticipatory bail petition is dismissed.

AI                                   ( Mandhata Singh, J.)