The High Court at Patna granted bail to the petitioner in a case alleging abduction and facilitating the same under Sections 366(A) and 34 IPC. The court noted the petitioner had no criminal antecedents and the accusation was based on a delayed witness statement.
Release on bail by furnishing a bond of Rs. 10,000/- with two sureties of Rs. 10,000/- each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51593 of 2017
Arising Out of PS.Case No. -269 Year- 2013 Thana -MAIRWA District- SIWAN
====================================================== Jagu Baitha, Son of Ramdev Baitha, Resident of Village- Baraso, P.S. Mairwa, District- Siwan.
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s : Mr. Sri Pranav Kumar For the Informant : Mr. Ajay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
3 07-12-2017 Heard the counsels for the parties.
The petitioner seeks bail in connection with Mairwa
P.S. Case No. 269 of 2013 dated 25.11.2013 instituted for the offences under Sections 366(A) and 34 of the Indian Penal Code.
The minor daughter of the informant is said to have been abducted by some unknown accused persons while she had gone to attend to the call of nature. The aforesaid complaint was lodged on 02.11.2013 and on the basis of the same, the formal FIR was registered on 25.11.2013. The name of the petitioner transpired in the statement of one witness viz. Syed Parwej, recorded after about four years. It has been alleged by the aforesaid Syed Parwej that the petitioner had facilitated the abduction of the victim and had also participated in the occurrence. He had made available the Bolero vehicle which was
Patna High Court Cr.Misc. No.51593 of 2017 (3) dt.07-12-2017
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used for taking away the daughter of the informant.
Learned counsel for the petitioner however has drawn the attention of this Court to various paragraphs of the case diary wherein it has been submitted that in the beginning, no suspicion was raised against him by anybody including the informant and his implication in the present case is only on the basis of such vague statement after four years of the lodging of the case. It has further been submitted that local witnesses have stated that the victim was in the habit of running away from home and on several occasions she had gone out of home but had returned. Though the victim, at the time of occurrence, was a minor, who has yet not been traced out but it has been submitted on behalf of the petitioner that the accusation against him is absolutely frivolous.
The petitioner is in custody since 23.04.2017 and does not have any criminal antecedent.
In the facts and circumstances, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 269 of 2013.
(Ashutosh Kumar, J)
KKSINHA/U T
1 issue framed by the court
Whether bail should be granted to the petitioner in connection with Section 366(A) and 34 IPC allegations arising from a complaint lodged four years ago based on a vague statement of a witness.
1 provisions across 1 enactments
Jagu Baitha
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
