Patna High CourtCR. MISC./24355/2015bail granted

Samua v. The State Of Bihar

2015-07-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24355 of 2015 Arising out of PS.Case No. -97 Year- 2014 Thana -GHORASAHAN District- EAST CHAMPARAN(MOTIHARI) ====================================================== Samua, wife of Khobari Mian, resident of Village-Barharwa, P.S.- Jitna, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shahzad Hassan Khan, Advocate. For the Opposite Party : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 The petitioner is apprehending her arrest in connection with Ghorasahan Jitna P.S. Case No. 97 of 2014 for the offences instituted under Sections 366, 506 and 120(B) of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 21.02.2014, the informant's daughter, namely, Sajra Khatoon, was kidnapped by the accused persons including the petitioner with an intention to solemnize marriage with one Rayees Mian alias Dakua. It has been submitted on behalf of the petitioner that the date of occurrence is said to be 21.02.2014 but the F.I.R. was instituted on 23.03.2014 after a delay of more than one month. It is

Patna High Court Cr.Misc. No.24355 of 2015 (2) dt.14-07-2015 2/2 further submitted that as per F.I.R., the main allegation is against Rayees Mian alias Dakua. As far as the petitioner is concerned, she is a lady and she is a domestic servant in the house of Sarpanch.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the fact that no explanation for delay in institution of F.I.R. given by the prosecution, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Ghorasahan Jitna P.S. Case No. 97 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T