IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18525 of 2008 1. Nanhak @ Paltan Gope, son of Late Biltu Gope, village Dhibrapar, PS Hilsa, district Nalanda. 2. Guddu Yadav, son of Munarik Yadav, 3. Krishna Yadav, son of Dhanpat Gope, 4. Guhan Yadav, son of Dukhi Gope, 5. Koyari Yadav, son of Ramvriksh Gope, all of village Mansapur, PS Chandi, district Nalanda – petitioners. Vs. 1. The State of Bihar, 2. Manoj Kumar, son of Late Durgan Prasad, village Dhibrapar, PS Hilsa, district Nalanda – opp. parties. 4 8.3.2010 Heard learned counsel for the petitioner, counsel appearing on behalf of the State and the counsel for the informant. This application has been filed for quashing the order, dated 17.3.2008 passed in S.T. No. 847/2006 by the Additional Sessions Judge II, Hilsa. A complaint case was instituted on 13.9.1999 for the offences under sections 364/34 of the Penal Code and the petitioners were made accused person for an occurrence which allegedly took place on 28.8.1999. Final form was submitted. However, this case has proceeded on the basis of a complaint being filed by the brother of the alleged kidnapped person. Ten days prior to the date of occurrence i.e. 17.8.1999 a dead body was recovered from a temple for which Radhanagar PS Case No.3/1999 was instituted. Counsel for the informant who has appeared in this case submits that it would be apparent from the inquest report that the dead body recovered was that of Manoj Kumar, whereas it appears on investigation in the present case that the body was that of Umesh, the 2 alleged kidnapped person. Radhanagar PS case No. 3/1999 was for the offence under section 306 of the Penal Code and it is said that the person who died committed suicide as the parents of the girl he loved Bably Kumari who happens to be wife of petitioner no.1, refused to allow them to get married. In the circumstances aforesaid it is argued that the court ought to discharge the petitioners for the offences under sections 364/34 of the Penal Code as it would be apparent from investigation of Radhanagar PS Case No. 3/1999 and the investigation of the present case that Umesh, the alleged kidnapped person had committed suicide and, therefore, there can be no question of a case of kidnapping being instituted against the petitioners. Prima facie the petitioners have a good case for consideration if it can be shown that the dead body was that of Umesh. They would certainly be entitled to the benefit thereof. However, this aspect of the matter cannot be decided at the stage of discharge. I, thus, find no illegality in the order, dated 17.3.2008 passed in S.T. No. 847/2006 by the Additional Sessions Judge II, Hilsa. This application is dismissed. haque (Sheema Ali Khan, J.)