Md. Chhanguri Baitha And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.20138 of 2015 (3) dt.16-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20138 of 2015 Arising Out of PS.Case No. -73 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================

1. MD. CHHANGURI BAITHA, SON OF BIGALI BAITHA.

2. NOORMAN KHATOON, WIFE OF MD. CHHANGURY BAITHA, BOTH RESIDENT OF VILLAGE - BAHADURPUR, P.S. - K.HAT, DISTRICT - PURNEA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with K. Hat (Mornga) P.S. Case No. 73 of 2015 registered under Sections 366(A) and 363 of the Indian Penal Code.

The accusation is of kidnapping of Rakhi Kumari, daughter of informant, by the petitioners and his two sons, namely, Md. Aslam and Md. Md. Azad.

Learned counsel for the petitioners submits that, in fact, victim, Rakhi Kumari, moved according to her sweet will with Md. Aslam, son of the petitioners but due to ulterior motive petitioners have falsely been implicated in this case. It is further

Patna High Court Cr.Misc. No.20138 of 2015 (3) dt.16-09-2015 submitted that victim Rakhi Kumari was recovered by the police along with Md. Aslam at village Harda and her statement has been recorded under Section 164 of the Cr.P.C., in which, she has fairly stated about taking her by Md. Aslam but due to pressure of her family members, she also disclosed the name of the petitioners with allegation that both petitioners were present at the time of her kidnapping. It is further submitted that petitioners have no criminal antecedent and petitioner nos. 1 and 2 are in custody since 25.02.2015 and 02.02.2015 respectively. Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K. Hat (Mornga) P.S. Case No. 73 of 2015. (Rajendra Kumar Mishra, J) Bhardwaj/- U T