IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31863 of 2008 SHERU BHAT Versus THE STATE OF BIHAR ----------- 02/ 21.08.2008 Heard. The petitioner was summoned on the basis of a petition of complaint for an offence under Section 365 IPC, which is triable by Magistrate of the Ist Class. The tragedy is that an Officer of the rank of Additional Sessions Judge had dismissed the prayer for bail of the petitioner and the petitioner is before this court. The reason, which has been assigned by the learned Judge, while dismissing the prayer for bail, is that the Magistrate has summoned the petitioner after holding an enquiry and finding sufficient material. The defence of the petitioner has not been discussed by the learned Judge and the reason for false implication has also not been noticed. The contention in the court below and so also here, is that on account of previous criminal litigation between the parties, so as to putting criminal pressure upon the petitioner for withdrawing the case, the lady has filed a false case, inasmuch as, it is not alleged that it was this petitioner or any of his family members, who had kidnapped - 2 - or abducted the son-in-law of the lady. This glaring factual aspect of the matter, unfortunately, appears ignored by the learned Judge probably so as to satisfying his whim. Under the facts and circumstances of the case and in the light of the contentions, let petitioner Sheru Bhat be released from custody on furnishing a bond of Rs. 3,000/- (three thousand) with two sureties of the like amount each to the satisfaction of Sri M. Kumar, Judicial Magistrate, Ist Class, Nawada in connection with Complaint Case No. 186 of 2006. DKS/ (Dharnidhar Jha,J)