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2026 Supreme(Online)(Pat) 263

PATNA HIGH COURT
MR. ALOK KUMAR PANDEY, J
SHIV KUMAR @ BITESHWAR PRASAD – Appellant
Versus
STATE OF BIHAR – Respondent


Advocates:
For the Appellants/Petitioners:Mr.Mohammad Sufyan, Advocate, Mr. Pratyush, Advocate, Ms. Tooba Hera, Advocate
For the Respondents: Mr. Ashfaque Ahmad, APP

JUDGMENT

Date : 17-01-2026

Heard learned counsel for the appellant and learned A.P.P. for the State.

2. The name of informant and victim have not been disclosed in the present judgment to protect the prestige and dignity of the victim.

3. The present appeal is directed against the judgment of conviction dated 24.02.2010 and order of sentence dated 25.02.2010 passed by learned Additional Sessions Judge, Fast Track Court No.IV, Patna in S.Tr. No. 228 of 2009 whereby and whereunder appellant has been convicted for the offence punishable under Sections 366 of the Indian Penal Code and he has been sentenced to undergo rigorous imprisonment for six years and a fine of Rs. 1000/- (one thousand) and, in default of payment of fine, appellant has to undergo a further rigorous imprisonment of six months.

4. As per prosecution case, the informant in his fardbeyan recorded by S.I. Sona Prasad Singh of Ram Krishna Nagar police station on 17.09.2008 at 13:00 hours at the police station, has stated that on 04.09.2008 at about 3:00 p.m., his wife along with minor son went to Kankarbagh for purchasing articles in market, but did not return back. He proceeded for search of his wife. During the course of

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