SHANKAR SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the OP No.2.

(2.) PETITIONER is the informant of Purnea Sadar PS Case No. 226 of 2001 and OP No.2 is one of the main accused named in the FIR for the alleged offence of kidnapping of a young girl. It appears that after investigation police has submitted charge sheet for the offence of kidnapping as well as rape. The defence of OP No.2 and other accused persons is that there was love affair on account of which OP No.2 entered into some sort of marriage in a temple and the case was lodged subsequently under pressure of the family of the girl.

(3.) ON considering the materials in respect of alleged threat for compromise this court is not persuaded to cancel the bail at the present stage because there is no material to show that the allegation of threat has been enquired into either by the police or by the court and has been found correct so far. On going through the orders of the sessions court, Purnea dated 10.6.2004 passed in Bail petition No.526 of 2002, particularly paragraph 7 of the said order, this court finds substance in the submissions of learned counsel for the petitioner. No doubt, learned counsel appearing for the OP No. 2 has tried to justify the discussion in the order and also the findings but it is clear that the Sessions Judge was carried away by the submissions of the defence. In the facts of the case, the observations and discussion made in the order dated 10.6.2002 in respect of defence of the accused persons shall not be treated as a finding by the court concerned and to that extent the observations in paragraph 7 of the said order will be treated to have been expunged from the record. It will be open for the accused to prove their defence during trial but the order in question shall not prejudice the case of either of the parties. The prayer for cancellation of bail is rejected for the present. In case there is continued threat at the hands of any of the accused persons it will be open for the informant or the affected person to lodge a complaint before the police or court below and in that, event such a complaint should be properly enquired into or investigated so that proper action may be taken in accordance with law. Both the parties have jointly prayed for expediting the trial. In that view of the matter, the court below is directed to expedite the trial.