IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.967 of 2008 AWADH PRASAD YADAV Versus STATE OF BIHAR & ORS ----------- 3. 17.08.2009 This writ petition is filed for direction to the respondents for recovery of the kidnapped person and arresting the named accused in connection with Chhatauni P.S.Case No. 51 of 2008 dated 4th May 2008 under section 364/34 IPC. The allegation in the FIR is that the FIR named accused Binod Rai and three others named and 5-6 unknown had kidnapped the victim. Prayer is for recovery of the kidnapped person as well as for arrest of accused. To-day learned counsel for the petitioner submits that one month ago the said kidnapped person has been arrested by Police in connection with a case lodged by Jiyalal Rai, father of accused Binod Rai in connection with FIR at Chhauradan Police relating to the offences under Sections 467, 468, 420 IPC wherein Jiyalal Raihas alleged that the person said to have been kidnapped in the instant case has disappeared with his (Jiyalal Rai’s) money and in connection with that case, police arrested the victim and he is remanded in that case. This writ application was filed on 20th October 2008. The kidnapped person is said to have been arrested by Police in connection with the said case lodged by Jiyalal Rai, one month ago, but till date the petitioner has not filed any supplementary affidavit informing this Court about the recovery and arrest of the kidnapped boy and this fact is disclosed to-day on query made by this Court in connection with hearing of this application. Thus, in this case, the real facts have not been brought before this Court. Moreover, the said kidnapped person already stands recovered/arrested in connection with another case. Police is investigating the case. In such circumstance, I find nothing to proceed in the matter. Accordingly, this petition is dismissed. Jay/ (C.M. Prasad,J)