- (1.) This application has been filed for quashing of the order dated 29-11-2004 passed by the Sessions Judge, Sahebganj, dismissing the revision application filed by the petitioner on the ground that refusing to release an accused on bail under Section 167(2), Cr. P. C. was not a final order rather was an interlocutory order, therefore, the revision filed by the petitioner was not maintainable.
(2.) The facts in short are that the informant Nimai Ghosh lodged a first information report on 26-6-2004 alleging inter alia that on 17-6-2004, his minor sister Mamuni Ghosh aged about 13 years was enticed away by the petitioner and others in order to marry her and she was taken towards Farakka in a car. The informant came to know about the said fact from his wife when he returned home. He further alleged that he made hectic search for his sister but she could not be traced out. On the basis of this information the F. I. R. was registered under Section 366-A/34 of the Indian Penal Code. The petitioner was arrested in connection with the said case on 22-7-2004 and since then he is in custody.
(3.) A petition was filed by the petitioner before the A.C.J.M.. Rajmahal for releasing him on bail under the provisions of Section 167(2), Cr. P. C. on the ground that till 22-9-2004, i.e. before the expiry of the period of 60 days no charge-sheet was submitted by the police against him and, therefore, he is entitled to be released on bail. The learned A. C. J. M. by order dated 22-9-2004 rejected such prayer of the petitioner on the ground that the benefit of bail under Section 167(2), Cr. P. C. for the offence punishable under Section 366-A/34,1.P.C. will accrue after 90 days of detention and, not after 60 days as claimed by the petitioner.;