In this bail petition, the High Court granted bail to the petitioner in an abduction case despite him not being in the FIR, subject to his appearance in court within eight weeks and furnishing a bond.
Petitioner released on bail via surrender within eight weeks by furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.8850 of 2016
Arising Out of PS.Case No. -227 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH)
====================================================== FARINDAR PASWAN @ FARINDRA, Son of Buddhu Paswan, Resident of village - Majhariya Kisun, P.S. Jagdishpur, District - West Champaran
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Shakir Ahmad (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 12-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Nautan (Jagdishpur) P.S. Case No. 227/15 for offences alleged under Sections 363, 366-A of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that in course of search of her missing daughter it came to light that co-accused Ranjeet Kumar along with three persons has abducted her daughter either with intent to marry her or to sell her.
It has been submitted by the learned counsel for the petitioner that he is not named in the First Information Report, has no criminal antecedent and his name surfaced on the statement of the victim girl under Section 164 Cr.P.C. He further submits that there is contradiction in the prosecution version and the
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statement of the victim, as the informant has not named the petitioner and the victim girl under her statement under Section 161 Cr.P.C. has not named the petitioner and an affidavit to the said effect has been filed by the victim wherein she states that the petitioner was not concerned with the aforesaid affairs and even her statement under Section 164 Cr.P.C., on the one hand, states that she was sold by the petitioner, but later on said that the petitioner brought her to the police station. He submits that the alleged date of occurrence is 23.06.2015, First Information Report has been lodged on 27.06.2015 after inordinate delay and was sent to the court on 01.07.2015.
However, learned APP for the State submits that although the petitioner is not named in the First Information Report, but subsequently the victim girl has named the petitioner, hence, opposes the prayer for bail.
Be that as it may, since there is contradiction in the statement of the victim girl, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, West Champaran at Bettiah, in
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connection with Nautan (Jagdishpur) P.S. Case No. 227/15, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/U T
2 issues framed by the court
Whether the petitioner is eligible for bail pending trial in an abduction case given contradictions in the victim’s statement.
Whether the petitioner’s release on bail before arrest with an undertaking to appear within eight weeks is appropriate.
Farindar Paswan
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
