Santosh Kumar vs The State Of Bihar
2021 Latest Caselaw 3650 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 37755 of 2020
        Arising Out of PS. Case No.-382 Year-2020 Thana- MAHUA District- Vaishali
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Santosh Kumar, aged about 28 years, Male Son of Ramkishun Ray, Resident of Village- Chakkaji Nijam, PS- Mahua, District- Vaishali.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

 For the Petitioner/s     :        Mr. Rajeev Ranjan No. 2, Advocate
 For the State            :        Mr. Bharat Bhushan, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 23-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Rajeev Ranjan No. 2, learned counsel for

the petitioner and Mr. Bharat Bhushan, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Mahua PS Case No. 382 of 2020 dated 06.07.2020, instituted

under Sections 366, 370 and 379/34 of the Indian Penal Code.

4. As per the FIR, the petitioner along with his family

members is said to have kidnapped the wife of the informant

along with her two sons aged 7 years and 5 years and also taking

away ornaments and cash worth Rs. 2 lakhs.

5. Learned counsel for the petitioner submitted that the

allegation is totally false and concocted as no such incident took Patna High Court CR. MISC. No.37755 of 2020 dt.23-07-2021

place. It was submitted that the wife of the informant has appeared

before the Court below and her statement under Section 164 of the

Code of Criminal Procedure, 1973 was recorded, copy of which

has been made Annexure-2 to the present petition, in which she

has categorically stated that the informant used to assault her and

also did not give her any maintenance due to which she was

leaving his house and thereafter, she had married the petitioner in

Court and was living with him. Learned counsel submitted that the

lady is living happily and peacefully with him, as his wife, in his

house along with her two children.

6. On a query of the Court to learned counsel for the

petitioner as to how his bona fide can be tested with regard to his

conduct with the wife of the informant, it was submitted that he

has taken instructions and the Court may record his categorical

stand that the petitioner shall keep the lady as his wife with him

along with her two children with full dignity, honour and security

and shall also take care of all their needs.

7. Learned APP submitted that in view of the statement

of the so-called victim lady and the categorical stand taken by

learned counsel for the petitioner, the Court may take a

sympathetic view in the matter.

Patna High Court CR. MISC. No.37755 of 2020 dt.23-07-2021

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Vaishali at Hajipur in Mahua PS

Case No. 382 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner and (ii) that the petitioner shall co-operate with the

police/prosecution and the Court. Failure to co-operate shall lead

to cancellation of his bail bonds. Further, if there is any violation

of the undertaking given by learned counsel for the petitioner as

noted above, which shall also form part of the conditions for grant

of bail, the same shall also lead to cancellation of his bail bonds.

9. It shall also be open for the prosecution as well as the

said lady to bring any violation of the foregoing conditions of bail

by the petitioner, to the notice of the Court concerned, which shall

take immediate action on the same after giving opportunity of

hearing to the petitioner.

Patna High Court CR. MISC. No.37755 of 2020 dt.23-07-2021

10. The petition stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T