IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48026 of 2008 RIZWAN AHMAD son of Abdul Bari, resident of Mohalla Panchayati Akhara, P.S.Kotwali,District Gaya … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner:Shri Ranjit Kumar No.2 For the State: Shri Dashrath Mehta, APP With Cr.Misc. No.46688 of 2008 TENI SINGH son of Siya Singh, resident of village Rajbara, P.S. Atri,District Gaya … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Amresh Kr.Sinha For the State: Shri Dashrath Mehta, A.P.P. ----------- 4. 6.2.2009 Heard. The two petitions arise out of Hisua P.S.Case No. 94 of 2007 and they have been heard together and are being disposed of by this common order. The written report of Mina Kumari is the basis of drawing up a F.I.R. in which she alleged that accused Ajit Singh came to the lady, who is the mother of Kumud, the victim, and asked her to pay Rs. 2,00000/- as ransom for getting back her kidnapped son. The lady further alleged that Ajit Singh accused pointed out to her that the victim 2 Kumud was kept in the captivity of Rizwan Mian, Sako Ydav and Teni Singh. I have been referred to different paragraphs of the case diary which indicate that accused Rizwan is the resident of Nawada in the District of Nawada. As regards Rizwan Ahmad, he is described as a resident of Mohalla Panchayati Akhara, P.S. Kotwali, District Gaya and several other documents have been annexed by him in support of his residential address. On consideration of the documents and the case diary, it is indicated that Rizwan Ahmad, the petitioner in Cr. Misc. No. 48026 of 2008 may not be accused in the case. Let petitioner Rizwan Ahmad be released on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in the above noted case. As regards the case of petitioner Teni Singh, the kidnapped boy was confined by him and the materials collected so far in the case diary go to indicate that it could be a possibility that the boy was taken away from 3 his house by petitioner Teni Singh on a particular pretext and thereafter he went traceless. There are many materials created in the casde diary. The Court believes that the police probably distorted the facts so as to creating the reason for itself when the lady filed Cr.W.J.C. before this Court seeking production of her son by the Superintendent of Police Nawada, and the Superintendent of Police presented wrong report, as is submitted before me, so as to misleading the Court. I do not want to go in detail as it could be falling for consideration of this Court under its different jurisdiction. But, the material sufficiently indicate participation of this petitioner in the offence and as such, the petition of petitioner Teni Singh is dismissed. Kanth ( Dharnidhar Jha, J.)