IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35986 of 2008 Deepak Sah, S/o- Sri Jai Prakash Sah, resident of Village- Pothiya Dekabhinga, P.S.+ District-Kishanganj. ………………………….Petitioner. VERSUS The State of Bihar …………………….. Opposite Party. ------------ 02 21.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is an accused under Section 366/34 of the Indian Penal Code. It is submitted that the allegation against the petitioner is that he along with his mother and sister eloped with the wife of the informant. Learned counsel submits that the informant has absolutely expressed baseless suspicion against this petitioner. On perusal of the F.I.R. itself would appear that the wife of the informant herself stated to the effect that she committed a mistake and she wants to live with him. The counsel further submits that as a matter of fact the wife of the informant filed cases against her husband alleging assault and torture etc, as well as an application for divorce, as is evident from Annexures-2, 3 and 4. The learned counsel further submits that the wife of the informant herself has gone to a relative place. The learned A.P.P. appearing for the State opposes the prayer and further is not in a position to - 2 - refute the submissions made on behalf of the petitioner. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner named above be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 93of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Trivedi/ (Shailesh Kumar Sinha,J.)