IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39498 of 2009 PANKAJ DUBEY, SON OF RAM NARESH DWIVEDE, RESIDENT OF VILLAGE TILAUTHU, P.O.+P.S. TILAUTHU, DISTRICT ROHTAS (SASARAM). ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. SANJAY PANDEY, SON OF LAL BABU PANDEY, VILLAGE KUSDEHARA, P.O. HURKA, P.S. TILAUTHU, DISTRICT ROHTAS. ---- OPPOSITE PARTIES For the petitioner :- Dr. Satyendra Dutta Mishra, Advocate For the State :- Ms. Indu Bala Pandey ----------- 2 8.1.2010 Heard the parties. Petitioner has challenged the order dated 14.7.2009 passed in Sessions Trial No. 178/2009 by the 1st Additional Sessions Judge, Rohtas by which the Court has refused to discharge the petitioner for offences under Section 366 of the Indian Penal Code. The allegation against the petitioner is that he is said to have kidnapped the wife of the informant. Learned counsel for the petitioner submits that the case is absolutely untrue and false. The victim lady has no interest in her husband which would be apparent from the fact that the husband who is the informant of this case has filed a suit for divorce. The lady concerned has filed a written statement which is annexure-5 to the supplementary affidavit wherein she has stated that she is not at all interested in living with her husband. Counsel for the petitioner also submits that the statement of the First Information Report instituted by such a person could not be the basis of convicting the petitioner as he himself is responsible for torturing his wife. It may be true that the husband and wife i.e. the informant and victim lady in this case, do not have a cordial 2 relationship and the lady is not interested in living with her husband due to his attitude or bad behaviour towards her. However, the question as to whether the occurrence as described in the First Information Report had taken place or not would depend allegedly on the statement of the victim lady herself and, therefore, at this stage it is not possible for this Court to hold that there is no material against the petitioner. I do not find that the reasons given by the Court below are in any way illegal or unjustified. The defence and the arguments raised on behalf of the petitioner will be raised during the trial of this case. This application is dismissed. Sanjay (Sheema Ali Khan, J.)