Dablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83444 of 2019 Arising Out of PS. Case No.-354 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== DABLU KUMAR Son of Lallu Yadav Resident of Village- Tapsi, P.S.- Moffasil, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2019 Heard both sides.

The petitioner apprehends his arrest in Gaya Moffasil P.S. case No. 354 of 2019 registered under Section 366 of the IPC.

The informant alleged that on 31.07.2019 his wife Soni Kumari fled away with her paramour, Vishal Kumar. His wife took away different articles, ornaments and cash with her. The informant further alleged that petitioner assisted Vishal Kumar in kidnapping the wife of the informant. The learned counsel for the petitioner submits that the informant himself alleged that his wife was having illicit relation with Vishal Kumar and even after much persuasion his wife continued to have relation with Vishal Kumar and when the informant wanted to snatch the mobile from his wife she fled

Patna High Court CR. MISC. No.83444 of 2019(2) dt.17-12-2019 2/2 away with Vishal Kumar. The name of the petitioner has been inserted in the FIR only to falsely implicate him. Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner is only alleged to have assisted Vishal Kumar although wife of the informant had illicit relation with Vishal Kumar and informant admitted this fact that his wife fled away with Vishal Kumar, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Gaya Moffasil P.S. case No. 354 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T