Patna High Court - Orders
Rishikesh Tiwari @ Chhotu vs The State Of Bihar on 18 May, 2022
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39828 of 2020
Arising Out of PS. Case No.-129 Year-2020 Thana- KALYANPUR District- East Champaran
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RISHIKESH TIWARI @ CHHOTU
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 25492 of 2021
Arising Out of PS. Case No.-129 Year-2020 Thana- KALYANPUR District- East Champaran
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RAUSHAN KUMAR
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
(In CRIMINAL MISCELLANEOUS No. 39828 of 2020)
For the Petitioner/s : Mr. Anuj Kumar
For the Petitioner/s : Mr. Prateek Tandon
For the State : Mr. Sajid Salim Khan, S.C.-25
Mr. Jharkhandi Upadhyay, APP
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
16 18-05-2022Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 129/2020 registered for the offences punishable under Sections 302/201/120(B) of the Indian Penal Code.
The victim girl is still traceless.
The petitioner No. 2 is the cousin brother of the petitioner No. 1 (Rishikesh Tiwari) and their role have been Patna High Court CR. MISC. No.39828 of 2020(16) dt.18-05-2022 2/3 found in the disappearance of the victim by the police. The petitioners, on their submission that they will participate in the investigation was granted interim bail, thereafter, they refused to participate in the investigation and have also refused to participate in the Narco test. If the petitioners are having no role in kidnapping and disappearance of the girl then the petitioners would not have avoided to appear before the police for investigation.
The prayer of the petitioners for grant of anticipatory bail is dismissed.
The petitioners are directed to surrender before the Investigation Officer of this case by tomorrow i.e., 19.05.2022. If they do not surrender by tomorrow then the police will take all steps for arresting the accused so that the missing girl is recovered.
Seen the report dated 17.05.2022 sent by the Superintendent of Police, East Champaran, Motihari.
The Directorate of Forensic Sciences near Police Bhawan, Patna, is directed to be added as opposite party in this case by the office.
The Directorate of Forensic Sciences is directed to send a report to this Court as to what has prevented them from Patna High Court CR. MISC. No.39828 of 2020(16) dt.18-05-2022 3/3 conducting Narco test of Rishikesh Tiwari.
The notice be sent to the Directorate of Forensic Sciences through e-mail.
Put up this case for further hearing at 22.06.2022 at 02:15 P.M. (Sandeep Kumar, J) Saif/-
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