IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53106 of 2008 ====================================================== Shankar Prasad .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 10. 22-01-2013. Heard learned counsel for the petitioner. This application has been filed for quashing the order dated 21.3.2007 passed by the Sub Divisional Judicial Magistrate, Sherghati in Sherghati (Dobhi) P.S.Case No.52 of 2006 whereby cognizance has been taken against the petitioner. Allegation in brief is that on the day of occurrence, the informant along with his four years son Golu Kumar was waiting for bus to come to Gaya but was taken on a white Marshall vehicle by criminals. Some clothe was put on his nose resulting into his unconsciousness. For the last time, he heard sound of weeping of his son who was taken away by miscreants. He succeeded his rescue from kidnappers, came to Gurudwara and thereafter to home. Against this petitioner, according to his learned counsel, the only averment is that he was asking the informant to vacate the shop of his brother and Patna High Court Cr.Misc. No.53106 of 2008 (10) dt.22-01-2013 2 leave Gaya which has been made ground only for creating suspicion that he was behind the kidnapping of the informant and his son. His son did not return rather killed. Submission of learned counsel for the petitioner is that evidence is lacking about remaining of petitioner at any stage of the act of kidnapping, if it was really a kidnapping case. Differences for vacating the shop, though is alleged, but not corroborated by any local shop keeper. If really difference was there between the parties, then also a chance of false implication is also there. In that circumstance, the only allegation is of suspicion, not to be accepted for finding a prima facie case, if was sufficient to issue process in the case after cognizance. In the facts and circumstances of the case, this application is allowed. The impugned order dated 21,3,2007 passed by the Sub Divisional Judicial Magistrate, Sherghati in Sherghati (Dobhi) P.S. Case No.52 of 2006 is quashed. ahk/- (Mandhata Singh, J.)