IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42702 of 2010 Ganesh Sharma Versus The State Of Bihar ---------------------------------- 2 12.12.2011 Heard learned counsel for the petitioner as well as learned A.P.P. Also gone through the order impugned. There happens to be disappearance of one Vishwanath Lal, for which there happens to be version and counter version. According to wife of Vishwanath Lal, he was taken to Kolkatta by the informant of this case along with others and since thereafter he happens to be missing. That led filing of Complaint Case No.703 of 1998 on the basis of which Govindpur P.S. Case No.3/1999 was registered. At the other hand one of accused of aforesaid Govindpur P.S. Case No.3/1999, namely, Gopal Lal filed complaint petition no.644/98 on the basis of which Govindpur P.S. Case No.83/1998 has been registered. The gist of the case happens to be that his sister, namely, Janki Devi wife of deceased developed intimate relationship with the petitioner Ganesh Sharma in the background of the fact that deceased was suffering from leprosy and since thereafter, there has been disappearance of deceased. Present FIR happens to be earlier than the case instituted at the instance of Janki Devi. 2 The fact remains that there happens to be disappearance of deceased and so for the present, I do not see the prayer of the petitioner tenable. However petitioner will be at liberty to take his defence according to his own choice during course of trial and with the aforesaid liberty, instant petition is disposed of. PN (Aditya Kumar Trivedi, J.)