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2023 Supreme(Pat) 167

ASHUTOSH KUMAR, HARISH KUMAR
Sumeshwar Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Appellant : M/s Awadhesh Kumar Mishra, Ajay Kumar, Ujjwal Kumar, Rani Choudhary.
For the Respondents: Mr. Suman Kumar Jha, AC to AAG 3.

Ashutosh Kumar, J. – Heard Mr. Awadhesh Kumar Mishra, learned Advocate for the appellant and Mr. Suman Kumar Jha for the State.

2. The appellant, a Constable, was made accused in a criminal case of kidnapping vide Ahiyapur P.S. Case No. 431 of 2017, registered for offences under Sections 363, 387 read with Section 34 of the Indian Penal Code.

3. In fact, the Ahiyapur police station had got a whiff of kidnapping of one Shashi Ranjan Kumar, pursuant to which a raid was conducted and aforesaid Sahshi Ranjan Kumar was recovered from the custody of one Akhtar another Constable and an office bearer of Police Men’s Association along with the appellant, both of whom were in police dress.

4. A FIR was registered as noted above and the appellant was taken into custody. The case after investigation was found to be true and the matter is pending before the trial court. Shortly thereafter, the appellant was put on suspension and a departmental proceeding was initiated with the charge as noted above.

5. The inquiry officer found that the appellant along with one Akhtar had taken away Sahshi Ranjan Kumar to a four-lane highway, far away from where the victim had gone and both of the policemen were de

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