IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.49954 OF 2008 PANKAJ DUBEY, SON OF SHRI RAM NARESH DUBEY, RESIDENT OF VILLAGE TILAUTHU, POLICE STATION TILAUTHU, DISTRICT ROHTAS VERSUS STATE OF BIHAR ********* 2 16.01.2009 Heard learned Counsel for the petitioner, the informant and the State. The petitioner is an accused in a case under Section 366 of the Indian Penal Code. The allegation in the First Information Report is that the informant who is the husband of the victim lady told his wife to stay at the Thakurbari and went to have a cup of tea. When he returned, his wife Seema Devi was not present. Thereafter, he started making enquiry and learnt that his wife was hiding in the house of one Antu Choudhary, just behind the Thakurbari. When he went to the house of Antu Choudhary, he was told by the wife of Antu Choudhary that Seema Devi had left their house. It is also stated that informant met with the petitioner and asked him about his wife. The petitioner is said to have denied any knowledge regarding the whereabouts of Seema Devi. Later, he was informed by two fishermen that his wife was seen in a maruti van belonging to the petitioner. 2 The occurrence is of 10.09.2008 and Seema Devi returned on 15.09.2008 and made a statement under Section 164 of the Code of Criminal Procedure in which she stated that she had voluntarily left with the petitioner. It is also stated by Seema Devi that the informant, her husband, ill- treated and beat her up badly and she wants to live with her parents. Consequently, Seema Devi voluntarily resides with her parents. Seema Devi till this day is living with her parents. Learned Counsel for the petitioner submits that no case is made out under Section 366 of the Indian Penal Code as there is no allegation of rape or any allegation that the petitioner had made any attempt to marry the victim lady. Be that as it may, let the petitioner Pankaj Dubey be released on bail in the event of arrest/surrender before the Court below within a period of four weeks in Sasaram (Tilauthu) Police Station Case No. 524 of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas (Sasaram). Anand ( Sheema Ali Khan, J. )