IN THE HIGH COURT OF JUDICATURE AT PATNA G. APP. (DB) No.21 of 2010 STATE OF BIHAR … Appellant Versus 1.SANJAY KUMAR 2.Udai Mahto 3. Bankey Lal Das 4. Ram Lakhan Ram … … Respondents ----------- 2. 26.4.2010 We have heard Shri Shiwesh Chandra Mishra, learned Additional Public Prosecutor on I.A. No. 936 of 2010 as also on the merits of the present Government Appeal. The case relates to sudden disappearance of Ganesh Chaudhary along with a vehicle. The deceased was plying a Jeep for carrying the passengers from Saharsa bus stand to different destinations. The allegation is that the respondents were seen traveling in the jeep and thereafter the said Ganesh Chaudhary and the vehicle both went missing. A sanha, vide station diary entry no. 497 dated 16/17.4. 1998 was filed by the wife of the deceased in the Police Station. That information to the Police which was first in time did not contain name of any person. Subsequently, after forty- one days of lodging of the Sanha, a First Information Report(Ext. 6) was lodged by P.W. 9 against the present set of accused persons and others. In the meantime, from seven days of lodging of the information the dead body of the deceased was located in Saur Bazar Police jurisdiction and, accordingly, a case against unknown on account of finding of an unknown dead body was registered, vide Sour Bazar P.S.Case No. 58 of 1998. 2 In the meantime, as noted above, P.W. 9 lodged a report( Ext. 6). Some of the witnesses stated in their evidence that the respondents were seen traveling on the jeep which was being driven by Ganesh chaudhary, the deceased. This is the maximum which appears the evidence on record. The learned trial Judge has appreciated the evidence properly which could be found from this fact that he found the witnesses examined by the prosecution telling him that the informant, P.W. 9 was an extremely cruel lady, She used to come to Saharsa bus stand and used often to insult Ganmesh Chaudhary publicly so much so that on account of being tortured by his own wife the deceased seldom went home and spent his nights in the vehicle itself. The learned trial Judge has found a probability out of the evidence that on account of torture which was being heaped at Ganesh Chaudhary he himself could have gone to some unknown place and was subsequently found murdered. We find that the view taken by the learned trial Judge was also a reasonable probability and the appeal appears, as such, of no merit. The I.A. and the appeal both are dismissed. Kanth ( Dharnidhar Jha, J.) ( Akhilesh Chandra, J.)