Manoj Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30042 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -BUDHUCHAK District- BHAGALPUR ====================================================== Manoj Kumar Jaiswal S/o Kuldeep Bhagat, resident of Village - Kishandas pur, P.S. - Budhuchak, District - Bhagalpur.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. Ramesh Chandra (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner is apprehending his arrest in connection with Budhuchak P.S.Case No. 3/15 registered under Sections 406, 366, 368, 498, 414 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation has been made against the petitioner that he had kidnapped the wife of the informant, Kalpana Devi, and sent her to Gujrat. Learned counsel further submits that the entire allegation is false and frivolous as the victim lady in her statement under Section 164 Cr.P.C. has stated that she was not kidnapped by any person, rather she left her matrimonial home on account of the fact that her husband Pappu Yadav had been indulging in mar pit and
Patna High Court Cr.Misc. No.30042 of 2015 (3) dt.14-10-2015 further in her statement she has stated that at present she is living in her Maike and has remarried one Shyam Sundar Yadav on her own.
Considering the aforementioned facts and circumstances and also the fact that the victim lady has not even named this petitioner in her statement, let the petitioner, above named, in the event of his arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Budhuchak P.S.Case No. 3/15 to the satisfaction of Sri A.R.Upadhyay, Judicial Magistrate, 1st Class, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) spal/- U