Dukhran Marita @ Dukhran Maraitha @Dukhran Maraita v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23370 of 2016 Arising Out of PS.Case No. -327 Year- 2015 Thana -PHULPARAS District- MADHUBANI ====================================================== DUKHRAN MARITA @ DUKHRAN MARAITHA @DUKHRAN MARAITA Son of Late Bal Govind Maraita Resident of village - Gatti Patti Balua, Police Station Phulparas, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-06-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is father-in-law of the informant and is in custody since 09.04.2016 in connection with a case registered for the offences punishable under Sections 363(A)/365/366/366(A) /368 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that peculiar allegation has been made out in the First Information Report regarding the kidnapping of the wife of the informant. It is further submitted that during the course of investigation certain fact which has come to this Court and the statement of the victim lady has also been recorded under Section 164 Cr. P.C. in which she has clearly stated that her husband had been torturing her and had entered into second marriage. She has categorically stated that she was not kidnapped rather she had herself gone away and re-married

Patna High Court Cr.Misc. No.23370 of 2016 (2) dt.01-06-2016 P2/2 someone else at the instance of her father. She has also stated that her children, from her previous husband, are living with her and a false case has been lodged by her previous husband only to harass and humiliate her as well as her family members. Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 327/2015.

(Anjana Mishra, J) Saif/- U T