IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.581 of 2009 MITHILESH KUMAR SINGH, s/o Late Mundrika Prasad Singh R/o village Darihara, P.S. – Dariyapur, Distt. – Saran at Chapra at present residing at C/o Moti Electric Co. 36, Izra Street, Kolkata 700001. ..………………………………………… Petitioner Versus THE STATE OF BIHAR ……………….. Opp. Party ----------- 2 17.02.2009 Heard the parties. The petitioner apprehends his arrest in a case under Sections 363(A), 364, 341 and 323 of the Indian Penal Code. The allegation is that the petitioner and his wife in the year 2001 came to the village and forcibly took away the complainant’s son. Two complaints have been filed by the mother of the boy. Learned counsel for the petitioner submits that the entire case is false, fabricated and is lodged out of differences at the behest of his agnates and Kapindra Singh with whom the petitioner is fighting a title suit. It is submitted that his wife and he divorced each other in the year 1997 by consent and therefore, there is no question that his wife could have accompanied him to the village for the purposes of kidnapping the informant/complainant son. Secondly, it is submitted that the complainant is said to have shifted Kolkata three years back. It is further submitted that the police has investigated the case since he lives at Kolkata and is not in a position to out come the truth. The police has only examined the agnates of the petitioner with whom he has differences. Be that as it may, the petitioner Mithilesh Kumar - 2 - Singh in the event of his arrest or surrender within six weeks, is directed to be released on anticipatory bail in Daryapur P.S. Case No. 38 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 C.J.M., Saran at Chapra. Kundan (Sheema Ali Khan, J.)