LALAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Surendra Kumar Singh, learned counsel for the appellant, Mr. R.K. Sinha No. 2, learned counsel for respondent nos. 2 to 5 and Mr. Manish Kumar, learned Additional PP for the State.

(2.) This appeal has been preferred by the informant for setting aside the judgment dtd. 28/11/2022, passed by learned Additional Sessions Judge-IV, Buxar in Sessions Trial No. 432 of 2006 arising out of Buxar Town P.S. Case No. 111 of 2006 to the extent that the learned trial court has been pleased to acquit the respondent nos. 2 to 5 from the charges under Sec. 364 A and Sec. 120 B of the Indian Penal Code.

(3.) As per the prosecution story, the informant submitted a written report on 20/3/2006 alleging that on 11/3/2006 at about 06:00 P.M. his nephew Nitesh Kumar suddenly went missing when the informant with his relative Shiv Kumar Pandey had gone to village Manjharia to meet Shriniwas Upadhyay in connection with his daughter's marriage. It is stated that prior to 2-3 days of the occurrence, one Satyendra Pandey who is the nephew of said Shiv Kumar Pandey had come to his house who used to take the missing boy out on the pretext of giving him some toffee and sweets. Admit card of said Satyendra Pandey is left in his house which bears his photograph. Finding no trace of the nephew of the informant, the lady inmates started weeping due to which crowd gathered there and from the crowd, someone said that he had seen the victim boy going with the person who had come to his house 2-3 days earlier. Then, family members started searching him but he could not be located. In the meantime, the informant returned to his house with Shiv Kumar Pandey. The matter was disclosed by the family members to the informant and Shiv Kumar Pandey then the informant proceeded for police station to lodge FIR but on the assurance of Shiv Kumar Pandey (elder father of Satyendra Pandey) that he would get his nephew returned from Satyendra, he lodged only Sanha in the police station. Thereafter, the informant along with him went to the village Parmanpur where Satyendra Kumar Pandey was found missing, his father and mother assured him to pass the information on his return to house and would make the victim available but they did not do so. On 14/3/2006, the informant with his relatives and friends went to village Parmanpur on getting information that Satyendra Pandey has returned to his house where he met with Satyendra Pandey and his elder father. The informant started talking about his nephew then he initially stated that it will take time but on repeated request he accepted that he has done this in greed of money but the victim boy is not in his hand for which he would have to pay Rs.2,50,000.00. On request, he became ready to return his nephew on payment of Rs.1,50,000.00. The parents and elder father of Satyendra also assured of return of his nephew and Satyendra asked him to provide Rs.50,000.00 by tomorrow and rest he should pay on 18/3/2006 by 05:00 P.M. and his nephew would meet him by 06:00-06:30 P.M. On 15/3/2006, the informant provided him Rs.25,000.00 in the hand of Brij Bihari Pandey and they assured him that Satyendra would do his work. Satyendra also asked him to come with rest amount on 18/3/2006. On 18/3/2006, the informant with his family members went to village Parmanpur where Satyendra Pandey, his parents and his elder brother asked about the money then the informant said them to bring Nitesh first before him then money would be given on which Satyendra Pandey, Brij Bihari Pandey and Shesh Kumari Devi started to avoid the matter and they did not become ready to return Nitesh without Rs.2,50,000.00. The informant returned to his house. The informant alleged that still they have been demanding Rs.2,50,000.00 and assuring about return of Nitesh.