BHADO PASWAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application filed under sec. 482 of the Code of Criminal Procedure, 1973 (in short the Code), is directed against the order dated 4.5.2006 passed by Sri Munilal Paswan, the Additional District & Sessions Judge -XII, Patna in ST. No. 1524 of 2005 refusing to discharge the petitioner under sec. 227 of the Code or alter the charge under sec. 228 of the Code.

(2.) FROM the prosecution case it,appears that on 13.2.1995 the informant Sita Ram Singh lodged a written report before the Officer Incharge of S.K. Puri police station alleging therein that on 11.2.1995 at about 10.30 A.M. his daughter Rashi Singh had left for her office but she did not return till late in the night. The informant searched for her but could not find out his daughter. Rashi Singh worked in the office of one Sri Nishilesh who was publishing the Magazine "New Circfe". Rashi Singh had interest in journalism and as a free lancer she used to write articles. On the alleged date of occurrence she was working in a Press at B.M. Das Road, Patna. The informant apprehended that his daughter has been kidnapped. On the basis of this written report, case was instituted against unknown at the police station.

(3.) ON 6.4.1999 after a lapse of considerable time the informant filed a protest petition before the learned Chief Judicial Magistrate alleging therein that on 11.2.1995 his daughter was abducted by some unknown persons. It was further alleged that the petitioner and Nishilesh had master minded her abduction. A demand for ransom of Rs. 5,00,000.00 was made. On the receipt of this protest petition the learned Chief Judicial Magistrate ordered for further investigation.