Navendu Narayan Pathak @ Naveen Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45079 of 2019 Arising Out of PS. Case No.-161 Year-2018 Thana- SARAI RANJAN District- Samastipur ====================================================== Navendu Narayan Pathak @ Naveen Pathak, son of Washisth Narayan Pathak, resident of village- Kishanpur Yusuf, P.S.- Sarairanjan, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarairanjan PS Case No.161 of 2018 dated 10.10.2018 instituted under Sections 323, 341, 364 of the Indian Penal Code.

3. The allegation against the petitioner is of abducting his wife, who was the niece of the informant.

4. Learned counsel for the petitioner submitted that the petitioner was also a widower and the so called victim was also a widow and the marriage was of convenience. It was submitted that the marriage took place on 09.07.2018 and the incident is of 14.07.2018. Learned counsel submitted that after the marriage, though the girl was taken to the matrimonial

Patna High Court CR. MISC. No.45079 of 2019 dt.04-12-2019 2/3 home, but the petitioner, who was having five children from the first wife, when the elder son came to the house, he started objecting to the marriage due to which the petitioner had taken his wife to a co-villager of the informant, who was living in Samastipur and was also instrumental in the marriage, requesting him to take her back to the house of the informant in Jharkhand. It was submitted that it has come during investigation that while going to Jharkhand, at Giridih station, when the person, who was taking her Jharkhand, searched for her in the Ladies compartment of the train on which they were travelling, she was not found. It was submitted that there is no foul play and witnesses have also stated that the petitioner did take the wife to the house of the co-villager at Samastipur. Learned counsel further submitted that it is difficult to believe that a person would marry a girl and within five days would commit such a crime.

5. Learned APP submitted that the petitioner is responsible for disappearance of the niece of the informant.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like

Patna High Court CR. MISC. No.45079 of 2019 dt.04-12-2019 3/3 amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Samastipur, in Sarairanjan PS Case No.161 of 2018.

7. The application stands disposed off.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T