IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36126 of 2009 MUNCHUN SAH S/O RAM EKBAL SAH VILL-KHARTARI TOLA, DHAROHARA, P.S- CHIRAIYA, DISTT- EAST CHAMPARAN.. Petitioner Versus THE STATE OF BIHAR ----------- 2. 05.11.2009. Heard counsel for the petitioner and counsel for the State. The allegation against the petitioner under section 364(A), 384 and 506 of the Indian Penal Code in the complaint case filed by the complainant though belatedly is to the effect that the grandson of the complainant was kidnapped and was released only after payment of ransom amount of Rs.80,000/- though such demand was for a sum of Rs.5 lakhs . There being thus direct allegation against the petitioner in the complaint,counsel for the petitioner would submit that delay in filing of such complaint by itself should be sufficient to hold that the case to be false. In the opinion of this Court, such submission of counsel for the petitioner cannot be accepted for two reasons, firstly because the court below has itself recorded that the complainant went to the police station to lodge an FIR but the police did not lodge the case and secondly 2 because the complainant of course being interested much more in the recovery of his grandson, could not have risked the life the kidnapped boy. Thus even if the complaint was filed after considerable period of delay, the case against the petitioner cannot be held to be altogether false. That apart, this Court would find that the petitioner was named as the main accused and yet was absconding for a period over three years and only when he had surrendered, the prosecution against the petitioner has proceeded inasmuch as the charge has already been framed and the trial has also commenced by way of recording evidence of the witnesses of prosecution. Thus, the petitioner who has a notorious past having many criminal cases pending against him does not deserve to be released on bail till the completion of trial. The court below is accordingly directed to ensure that the trial of the petitioner in this case is concluded within a period of one year from the date of receipt of this order. With the aforementioned observations and directions, this application is dismissed. kanchan (Mihir Kumar Jha, J.)