KAISAR JAHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the instant application the informant Kaisar Jahan, who is petitioner here, prays for cancellation of bail to Opposite Party No. 2 namely Aftab Ali granted by order dated 18.12.2006 passed by the learned Sessions Judge, Siwan in A.B.P. No. 516 of 2006 arising out of Siwan Town P.S. Case No. 67 of 2006 under Sections 366/34 of the Penal Code.

(2.) IN the F.I.R. the informant alleged that taking advantage of absence of her husband, Opposite Party No. 2 Aftab Ali kidnapped her 14 years old daughter namely Sana Sahid, a student of D.A.V. School on 15.2.2006 from her house, The learned Sessions Judge granted anticipatory bail to Opposite Party No. 2 mainly on the ground that the victim girl in her statement under Section 164 Cr.P.C. stated that she went out of her house on her own free will with Opposite Party No. 2 and though the learned Magistrate assessed her age to be 15 years, the Medical Board assessed her age to be 1616 to 17 years.

(3.) LEARNED counsel for the informant - petitioner prays for cancellation of the bail on the ground that Opposite Party No. 2 begin to threaten her and her husband to withdraw the case and also made serious attempt to kidnap her husband on 31.12.2006 for which a written information was filed to the Chief Judicial Magistrate, Siwan on 4.1.2007 (Annexure -4). A supplementary affidavit has been filed on behalf of the informant in which it has been stated that the learned Chief Judicial Magistrate, Siwan vide order dated 11.7.2006 (Annexure -7) has released the victim girl in favour of the informant with the condition that she will take full care of her and produce her in the court whenever required. Learned counsel further submits that the learned Chief Judicial Magistrate vide order dated 12.1.2007, as contained in Annexure -D filed by Opposite Party No. 2 itself, again after apprising the facts of the case handed over the victim girl to her parents. He further submits that on 24.6.2007 the Opposite Party No. 2 again kidnapped her daughter for which Complaint Case No. 1306 of 2007 dated 28.6.2007 (Annexure -5) for an offence under Sections 365, 363, 452, 506/34 of the Penal Code and under Section 27 of the Arms Act has been filed in the Court of learned Chief Judicial Magistrate, Siwan. The learned Chief Judicial Magistrate, Siwan vide his order dated 27.7.2007 (Annexure -6 of the supplementary affidavit) took cognizance of offence and summoned the Opposite Party No. 2 and other accused persons to face trial.