SUDHIR KUMR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner seeks cancellation of bail granted to Anirudha Singh (opp. party No. 2) by learned Judicial Magistrate, First Class, Salipur (in short, 'JMFC').

(2.) CASE of the petitioner, in short, is as follows : On 8 -4 -1993 the Class Teacher of Class IX of Lalitagiri High School found Bidulata Singh, daughter of the petitioner missing from school. Since her whereabouts could not be known, petitioner was informed. He searched for his daughter and it was revealed from Bidulata's classmate Mamata Maharana, that while Bidulata was sitting in the class, Anirudha called her and she was taken against her will in a scooter bearing registration No. OR -04 -2747 at about 7 40 a. m. Petitioner searched the nearby areas, but having failed to find her lodged a report at Mahanga Police Station at about 10 p m. It was alleged that an offence punishable under Section 363 of the Indian Penal Code, 1860 (in short, 'IPC' ) has been committed. G R. Case No. 242 of 1993 was registered before learned JMFC. Bidulata was recovered by police on 2 -5 -1993, and was examined by a doctor of S. C. B. Medical College Hospital, Cuttack on 4 -6 -1993. At the instance of police, she was produced before learned JMFC, Salipur, who recorded her statement that she was thirteen years of age at the time of occurrence and she was taken forcibly by Anirudha (opp. party No. 2) and one Anirudha Bhuyan, who had kept her confined in the house of their friend Prafulla Sahoo. She stated that she was willing to accompany her father. Accused Anirudha Singh surrendered before learned JMFC on 14 -5 -1993, and moved for bail. He was released on bail of Rs. 5,000/ - with one surety. Though objection was raised by the Asst. Public Prosecutor and the case -dairy was not available, yet the prayer for bail was accepted. On 21.5 -1993 Anirudha Singh (opp. party No. 2) came to the house of the petitioner, abused him and his brother Sushil in filthy language and threatened to assault them by deadly weapons. He was accompanied by two other persons. Subsequently again on 8 -6 -1993 six persons including Anirudha Singh, Anirudha Bhuyan and Pravakar Parida dragged the petitioner, and abused him in filthy language and threatened to take away his life in case he did not withdraw the case. Information on each occasion was given at Mahanga Police Station. No action was taken by the Police to get the bail granted to Anirudha Singh cancelled though he misused the liberty granted to him. Anirudha Singh (opp. party No. 2) has filed a counter affidavit denying the allegations.

(3.) IN the counter affidavit it is alleged that the alleged offence being under Section 363, IPC which is bailable in nature, learned JMFC was justified in accepting the prayer for bail. Additionally it is submitted that Anirudha Singh (opp party No. 2) had neither threatened nor abused the informant -petitioner and/or his brother and the present application has been filed with oblique motive. On instruction the learned counsel for State submitted that a station diary entry has been made in respect of allegations of the informant.