IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25836 of 2008 MANISH KUMAR Versus STATE OF BIHAR ----------- 2. 14.7.2008 Heard. The petitioner is the husband of the victim who is said to have been kidnapped with an intent as to murder her or dispose her of in such a manner as to presume to be her dead. The police after investigation did not find the case true under section 364 of the Code of Criminal Procedure and submitted chargesheet only under sections 498A and 494 of the Indian Penal Code. The Magistrate differed with the opinion and has also summoned the petitioner for offence under section 364 of the Indian Penal Code. There is a series of litigation between the petitioner and the victim and this signifies various annexures attached to the present petition. The litigation could be to such an extent that the petitioner sought dissolution of his marriage with the lady on the ground that he was picked up forcibly to get married to the lady for which petitioner’s father lodged a complaint. The learned Sessions Judge was requested to consider that the victim had not supported the case that she was abducted for the purpose of marriage or with an intent as to constituting an offence under section 364 of the Indian Penal Code. The contention of the parties are noted down by the learned Judge but the rejection order has been passed in one line without discussing as to under what materials it has been passed and such an approach could not be acceptable to me. In that view of the matter as also, regard being had to the - 2 - long standing litigation between the parties including the dispute on marriage, let petitioner namely Manish Kumar be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Patna, in connection with Phulwarisharif P.S. case no.518 of 2006. sudip ( Dharnidhar Jha, J )