IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40816 of 2009 Ajeet Kumar Sinha @ Ganesh @ Ajeet Kumar, Son of Kishorilal Vishwakarma, Resident of Village Lohartola, Islampur, P.S. Islampur, District Nalanda. ------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 27.11.2009 Heard learned counsel for the petitioner and counsel for the State as also counsel for the informant. The petitioner faces prosecution for an offence under Sections 365/363/363(A)/120(B) of the Indian Penal Code with an allegation that he had forcibly kidnapped/taken away the wife of the informant. Mr. Yogesh Chandra Verma, learned senior counsel appearing on behalf of the petitioner would submit that all these allegations now have been found to be incorrect by the police itself which has submitted a charge-sheet only for offence under Section 366 and 497 of the Indian Penal Code. He would also point out that actually the wife of the informant on her own volition had gone to find out some employment with the petitioner and thus even if the allegation of prosecution against the petitioner is accepted that would only be 2 facilitating the wife of the informant in running away from her house. In this regard, he has referred to the statement of the alleged victim lady, mother of the two children under Section 164 of the Code of Criminal Procedure wherein not a word has been said against the conduct of the petitioner. Learned counsel for the informant on the other hand has seriously contended that the statement of the son of the informant aged about eight years will go to show that the victim lady and the son was also taken to Gujrat which would mean that the petitioner had an evil design or intention in the abduction of a married woman i.e. the wife of the informant. In the opinion of this Court, at least the stand taken by the informant does not get any support from the statement of the victim lady who in her statement under Section 164 of the Code of Criminal Procedure has clearly ruled out either her being forcibly taken away or to have been kept at any place against her wishes or to have even been subjected to any sort of misbehavior/physical assault by the 3 petitioner. The overemphasis on the Gujrat trip by the counsel for the informant would also not make any headway at least against the petitioner, inasmuch as, from her statement in the court it is clear that she had left her house with her minor son and had gone to different places as also stayed there on her own freewill without any pressure or coercion exerted by the petitioner. That being so, when the petitioner is also said to have got no criminal antecedent, this Court would direct for release of the petitioner, namely, Ajeet Kumar Sinha @ Ganesh @ Ajeet Kumar on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Hilsa (Nalanda) in connection with Islampur P.S. Case No. 123 of 2009, subject to the condition that one of the bailors would be a close family relative of the petitioner preferably either of his parents or his wife. Rsh (Mihir Kumar Jha, J.)