Rakesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44712 of 2014 (03) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44712 of 2014 Arising Out of PS.Case No. -1177 Year- 2013 Thana -SITAMARHI District- SITAMARHI ====================================================== Rakesh Kumar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Parmanand Prasad (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Husband of victim namely Mantu Kumar Jha has drawn up instant case on account of disappearance of his wife and for that apart from petitioner, others have also been arraigned. After perusal of statement of the victim Priyanka Jha recorded under Section 161 of the Cr.P.C. under Para-39 of the case diary as well as her statement under Section 164 of the Cr.P.C. recorded under Para-43 of the case diary, it is apparent that apart from she, being a major, she had shown her voluntariness in accompanying with the petitioner right from Sitamarhi to Allahabad where she stayed with the petitioner for two months consecutively without any hitch.

Be that as it may, after all victim happens to be

Patna High Court Cr.Misc. No.44712 of 2014 (03) dt.08-04-2015 married one which, the petitioner was knowing well and on account thereof, his action comes within the purview of adultery punishable under Section 497 of the I.P.C., a bailable offence. On account thereof, instant petition for anticipatory bail is found non-maintainable and is accordingly, dismissed. (Aditya Kumar Trivedi, J) Vikash/- U T