Md. Shamim vs The State Of Bihar
2021 Latest Caselaw 143 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.32237 of 2020
    Arising Out of PS. Case No.-204 Year-2020 Thana- LAUKAHA District- Madhubani
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Md. Shamim (Male), aged about 64 years, Son of Late Saguni Miya, Resident of Village - Laukaha, P.S.- Laukaha, Distt.- Madhubani

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :      Mr. Shashank Chandra with
                                Ms. Kumari Shubham, Advocates
For the State            :      Mr. Akshay Lal Pandit, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 15-01-2021

Heard Mr. Shashank Chandra, learned counsel along

with Ms. Kumari Shubham, learned counsel for the petitioner and

Mr. Akshay Lal Pandit, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Laukaha PS Case No. 204 of 2020 dated 27.07.2020 giving rise to

G.R. No. 1366 of 2020, instituted under Sections 363/365/34/120B

of the Indian Penal Code.

3. The allegation against the petitioner and four others is

that they had abducted the wife and daughter of the informant after

making them unconscious by sprinkling powder.

4. Learned counsel for the petitioner submitted that

all his family members, including women, have been made Patna High Court CR. MISC. No.32237 of 2020 dt.15-01-2021

accused in a totally false case by abusing the system and for

exerting pressure for making the petitioner and his family

members pay a huge amount of money to the informant. It was

submitted that in the FIR itself it has been stated that with the son

of the petitioner there was dispute with the informant relating to

money. Learned counsel submitted that though in the FIR the

allegation is that the wife and daughter of the informant were

kidnapped on 25.07.2020, but the wife has got her statement

recorded before the Court under Section 164 of the Code of

Criminal Procedure, 1973 on 05.08.2020, claiming that after losing

consciousness in the house when she gained consciousness, she

found herself on the border of Nepal and from there she had come

with the police. It was also stated that there was dispute with

regard to rupees two lakhs between the informant and son of the

petitioner. Learned counsel further submitted that there is no

allegation of any other wrong doing on the part of the petitioner or

any of the family members to the wife of the informant. It was

submitted that she has not stated with regard to her daughter being

also kidnapped with her. Learned counsel submitted that such story

of five members of the petitioner family going into the house of

the informant, in the background of there being dispute between

them, cannot be believed and further, the story that due to powder Patna High Court CR. MISC. No.32237 of 2020 dt.15-01-2021

being sprinkled, the effect would only be on the informant and his

family and not on the accused when there is no allegation that the

accused were bearing mask so as not to inhale the powder, the

story is totally unbelievable. It was also submitted that there being

no mentioning of the daughter of the informant being with the wife

and she suo motu claiming that when she gained consciousness she

was brought by the police, is also unbelievable for the reason that

if at all the petitioner and his other family members had abducted

her, they would not have just left her at any spot so that she may

regain consciousness and come and give her statement to make out

a water tight case against the petitioner and his family members

which would be sufficient for them to be prosecuted. Learned

counsel submitted that the petitioner besides being an old man

aged about 64 years also does not have any criminal antecedent

and is in custody since 31.07.2020.

5. Learned APP submitted that the allegation against the

petitioner is also of abducting the wife and daughter of the

informant. However, he did not controvert that in the FIR the story

is that both the wife and the daughter of the informant were

abducted but in the statement to the Court, by the wife of the

informant, it appears that only she claims to have been abducted.

Patna High Court CR. MISC. No.32237 of 2020 dt.15-01-2021

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned ACJM, Madhubani

in Laukaha PS Case No. 204 of 2020 dated 27.07.2020 giving rise

to G.R. No. 1366 of 2020, subject to the condition that one of the

bailors shall be a close relative of the petitioner. The petitioner

shall also cooperate with the Court. Failure to do so shall lead to

cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T