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Alleged of taking away the informant’s wife under Section 366 of Indian Penal Code, granted bail on furnishing the grounds for failure of launching FIR on the part of informant: High Court Of Patna

The petitioners were alleged of taking away the wife as well as her jewelry along with them. The petitioners tried forming the grounds that the allegations are false and contended that even in the matter of kidnapping there was no report launched in the police station by the informant. The Court after considering all the facts and circumstances allowed the bail application of the petitioners. The Hon’ble High Court of Patna before Justice Mr. Ahsanuddin Amanullah in the matter Vinod Paswan and Others v. The State of Bihar[Criminal Miscellaneous No. 36590 of 2020].

The facts of the case were that the petitioners have been apprehended arrest in connection with the Case, instituted under Sections 366 and 120B of the Indian Penal Code. It was alleged that the petitioners had taken away the jewelry of the informant’s wife and his wife as well.

The narrative is bogus, according to learned counsel for the petitioners, because the informant’s wife was a mature lady with a son, and there was no way the petitioners could have taken her away. Furthermore, it was said that the petitioners would not go to the informant’s residence and spend the night there because there was no need for them to do so, and at best, they could have gone to see the informant’s wife. It was also argued that the case’s falsehood would be obvious from the fact that the date of occurrence was fictitious.

The petitioners were completely unaware of the case’s status, according to learned counsel. The informant’s continued lack of interest in the case, according to learned counsel, suggests that the charges are false, at least as far as the petitioners are concerned. The court’s attention was directed to an Anticipatory Bail Petition in which the petitioners’ request for anticipatory bail was denied, demonstrating that the rejection was based solely on the fact that the victim and her son had not been found. There was no justification for them to carry her away by force, and they had no reason to conduct such a crime. They claimed that if the claims were true, it is also strange that the informant’s mother did not file a complaint with the police.

The Additional Public Prosecutor submitted that the allegations shall be correct that are framed on the petitioners.

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 the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds…” The case was hence disposed of on the mentioned terms of the bail.

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Judgment Reviewed By Nimisha Dublish

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