Oral order in criminal miscellaneous petition where the High Court granted bail to the petitioner accused under Sections 363 and 366(A) IPC. The court found FIR details sufficient to establish privilege of bail, directing release on surety bonds.
Petitioner to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55320 of 2017
Arising Out of PS. Case No.-95 Year-2017 Thana- SIKTI District- Araria
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Dilip Paswan, son of Moti Paswan, Resident of Village-Kuan Pokhar, P.S.Sikti, District-Araria.
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Jha, Adv. For the Opposite Party/s : Mr. A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 16-11-2017 Heard Sri Rakesh Kumar Jha, learned counsel for the petitioner and learned Addl. Public Prosecutor.
The sole petitioner, who is in custody since 01.06.2017 in Sikti P.S. Case No.95/2017 registered for the offence under Sections 363 and 366(A) of the Indian Penal Code, has prayed for grant of bail.
Primarily, by way of referring to the F.I.R, certified copy of the same has been brought on record as Annexure-1 to the petition, learned counsel for the petitioner submits that the name of the petitioner was subsequently inserted in the F.I.R., otherwise in the F.I.R., the informant, who is father of the victim girl, has not disclosed against the petitioner. In the F.I.R. it was disclosed that from last two days phone calls were coming and on verification it was found that said Mobile was of son of the
Patna High Court Cr.Misc. No.55320 of 2017(2) dt.16-11-2017 2/3
petitioner, namely, Gopi Paswan. The informant disclosed that his daughter had disappeared from 16.04.2017 and he shown apprehension in the F.I.R. that her daughter might had been kidnapped by Gopi Paswan(son of the petitioner).He submits that in the entire F.I.R., initially allegation was made against son of the petitioner, but subsequently by different pen, name of the petitioner was added in the F.I.R.. It has been argued that the daughter of the informant had voluntarily fled with son of the petitioner and remained with his son for several months. He submits that after lodging F.I.R. a search was shown to be conducted and daughter of the informant was shown recovered and on pressure her statement under Section 164 of the Code of Criminal Procedure was got recorded, in which she has given a different picture that entire family members were involved in the case. Even grand-father of the main accused, namely, Gopi Paswan was made accused in the present case.
I have perused the F.I.R. and on going through the same, the Court is of the opinion that such fact is sufficient for the purpose of extending the privilege of bail in favour of the petitioner. Accordingly, let the petitioner, namely, Dilip Paswan be released on bail on furnishing bail bond of Rs.10,000/-(‘ten thousand) with two sureties of the like amount each to the
Patna High Court Cr.Misc. No.55320 of 2017(2) dt.16-11-2017 3/3
satisfaction of learned Chief Judicial Magistrate, Araria in connection with Sikti P.S. Case No.95 of 2017.
(Rakesh Kumar, J)
nawalkrs/-
U T
2 issues framed by the court
Whether bail be granted to the petitioner accused of kidnapping and abduction in light of the FIR suggesting his name was wrongly added.
Whether the FIR disclosure regarding the victim's voluntary flight with the petitioner justifies release on bail.
1 provisions across 1 enactments
Dilip Paswan
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
