The man was alleged of kidnapping the wife and kid of the informant. In the light of all facts and circumstances, the man was granted bail by the High Court. The Hon’ble High Court of Patna before Mr. Justice Ahsanuddin Amanullah held such in the matter of Bimal Sah v. The State Of Bihar[Criminal Miscellaneous No.37934 Of 2020].
The facts of the case are as the petitioner was arrested for having a connection with Sursand PS Case No. 427 of 2019 under Section 363, 366A, and 34 of Indian Penal Code. The petitioner is alleged for kidnapping the wife and minor son of the informant. Petitioner argued that informant’s wife and minor son went away on their own volition. The wife stated that she used to talk to the petitioner and he had locked her up and she wasn’t able to go back to her husband. Petitioner’s Learned Counsel plead that all the allegations were false and he didn’t try to kidnap or abduct her. Witnesses also confirmed that the lady used to talk to the petitioner quite frequently. The Learned Additional Public Prosecutor(APP) did not controvert the fact that witnesses have stated that the lady used to talk to the petitioner.
The court ordered to release the petitioner on bail upon furnishing bail bonds of Rs. 25,000 along with 2 sureties of the like amount subject to conditions as per Section 438(2) of the Code of Criminal Procedure, 1973. The two conditions were first, Bailor should be a close relative and second, the petitioner should cooperate with the court. Failure to which would lead to cancellation of bail bond. The court said,” It shall also be open for the prosecution to bring any violation of the foregoing conditions by the petitioner, to the notice of the Court concerned, which shall take immediate action on the same after giving the opportunity of hearing to the petitioner.”
The Hon’ble High Court of Patna held,” Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in view of the statement in the FIR itself that the lady herself had gone away and she making no allegation with regard to any abduction or wrong act on the part of the petitioner and witnesses also stating in the same terms as also the petitioner not having any other criminal antecedent, the Court is inclined to allow the prayer for pre-arrest bail.”
Judgment Reviewed By Nimisha Dublish