Muhammad Mansha, a child of three and a half years, the son of Abdul Rashid complainant, was found missing from the street on 14-3-1988, Abdul Rashid lodged the F.I.R. On 28-7-1988 expressing apprehension that five persons, mentioned m the F. I R. (which do not include the petitioner) had kidnapped the child. However, the petitioner dropped from a bus at Chowk Pir Bahar Shah carrying the child on 26-9-1988 and was arrested and sent to the judicial lock-up on the next day and a case under section 364-A, P.P.C. Was registered against her.
2. Learned counsel fur the petitioner has correctly contended that none of he ingredients, i.e. Kidnapping for murder or for causing grievous hurt, or for slavery or lust of any person was made out from the F.I.R. And, at the most, it was a case of an offence under section 362/363 P.P.C. There is force in the contention. The child was kidnapped in the month of March and was recovered in the end of September, without any sort of injury on his persons, from the petitioner. In the previous bail petition, the petitioner had confessed the kidnapping but on the assertion that her own child had died and so she had carried away Muhammad Mansha. Hence the offence, prima facie, would not carry a sentence of more than seven years (under section 363 P.P.C.). Still the challan has not been submitted in Court and the petitioner is behind the bars for about ten months. Hence bail allowed in the sum of Rs.50,000 with one surety in, the like amount to the satisfaction of the trial Court.
S.A./S-554/L. M