Vishwaraj Kumar @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1799 of 2021 Arising Out of PS. Case No.-259 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== Vishwaraj Kumar @ Raj Kumar, aged about 27 years, male, Son of Brijesh Kumar Yadav @ Braj Nandan Kumar, Resident of Gram - Chakbigjani, P.S. - Hajipur Sadar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-07-2021 Heard Mr. Ravish Mishra, the learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Patliputra P.S. Case No. 259 of 2020, dated 13.07.2020, instituted for the offence under Section 366 of the Indian Penal Code.

The wife of the informant is stated to have been

Patna High Court CR. MISC. No.1799 of 2021(2) dt.14-07-2021 2/3 abducted.

It has been submitted on behalf of the petitioner that the relationship between the informant and his wife had deteriorated and the wife of the informant left her matrimonial home of her own volition. She has stated in her informatory petition that when she had left her matrimonial home, she was accorded help by the family of the petitioner. No sooner did the informant learnt about it, this false case has been lodged. The petitioner and the wife of the informant were together in the college.

The learned counsel for the petitioner has submitted that in view of the clear statement made by the wife of the informant that she had ended her relationship with her husband (the informant) and with the help of the family of the petitioner, she has been able to live her life all this while, no offence under Section 366 of the I.P.C. can at all be said to have been made out.

Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.1799 of 2021(2) dt.14-07-2021 3/3 eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Patna in connection with Patliputra P.S. Case No. 259 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T