IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44569 of 2008 DINESH YADAV … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Shri R.S.Roy, Sr.Adv. For the State:Shri Dashrath Mehta,APP With Cr.Misc. No.48886 of 2008 MADAN YADAV @ MADAN KUMAR YADAV … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Gagandeo Yadav For the State:Shri Dashrath Mehta,APP ----------- 3. 16.1.2009 The two petitions on behalf of petitioners Dinesh Yadav and MadanYadav alias Madan Kumar Yadav arise out of Phulparas P.S.Case No. 31 of 2008. Heard Shri R. S.Roy, Senior counsel for the petitioner, Dinesh Yadav, Shri Gagandeo Yadav learned counsel for petitioner Madan Yadav alias Madan Kumar Yadav and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The case relates to causing disappearance of the husband of the informant who was allegedly called by making call on cellular phone of the informant on the pretext to come to a particular clinic where 2 as per the caller, the wife of his Sala was hospitalized. The man went away from his house never to return. Search for the deceased was futile. The people of the village assembled to read out the index of calls received on the cellular phone and it was the petitioner Madan Yadav alias Madan Kumar Yadav who picked up the cellular phone and went away not allowing the evidence of the man killed being revealed. The motive for the occurrence is that petitioner Dinesh Yadav used to bring money from Delhi from the son of the informant who was working in the house of some industrialist there and probably the amount went into several lacs which the accused Dinesh Yadav refused to pay up. The informant’s son had been impressed upon that the petitioner Dinesh Yadav had already delivered the sums on different occasions to his parents. A panchayati was held and petitioner Dinesh Yadav admitted to have received the money from the son of the informant and promised to pay up, he did not pay up rupees seven lacs and he ran away to 3 Delhi the very next day. The case diary reveals that the petitioner Dinesh Yadav had come back some days prior to the occurrence and when he was again asked to pay up the money he was giving out that out of rupees seven lacs he could spend rupees two lacs and get the deceased liquidated. The material in the case diary indicates that the deceased was seen being taken away by petitioner Madan Yadav alias Madan Kumar Yadav and some others on a motorcycle. The case diary further reveals that petitioner Madan Yadav was caught and the cellular phone of the informant and that from which the calls were made were recovered. The motive is very strong indicating the circumstantial in which the acts were committed, considering which the two petitions are dismissed. Kanth ( Dharnidhar Jha, J.)