IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35246 of 2008
1. Brij Kishore Yadav, Son of late Jagdish Yadav.
2. Naxmilal Yadav, Son of late Kamal Yadav
3. Shiv Dayal Yadav, Son of Late Kamal Yadav
All are resident of Village Roshanpur Sapaha, PS Sugauli, District East Champaran ---
Petitioners.
Versus
State Of Bihar .....Opposite Party.
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2 12.7.2011 Learned counsel for the petitioners has challenged
the order dated 24.6.2008 on the ground that there is no material
against them. It is submitted that Satan Yadav was the person
who had allegedly married the victim girl. The said Satan
Yadav was the driver in the house of petitioner no. 1 and was
brother-in-law (Sala) of petitioner no. 3. The role of petitioner
no. 2 has not been specified in the complaint petition. It is
submitted that these persons are not at all responsible for the
alleged kidnapping, and as such the Court below has wrongly
taken cognizance against them merely on the statement in the
complaint petition. The victim girl has been recovered.
These aspects of the matter may be considered at
the time of framing of charges after the pre-charge evidence
comes on record as it would appear that basically the allegation
is against Satan Yadav and not against the petitioner nos. 1 to 3.
This application is disposed of with the aforesaid
observation.
Sanjay (Sheema Ali Khan, J.)