Kajal @ Kajal Praveen And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6925 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- NAUHATTA District- Saharsa ======================================================

1. KAJAL @ KAJAL PRAVEEN aged about 19 years (Female) d/o Mannan Khan Resident of Village- Nauhatta (Purbi), P.S.- Nauhatta, District- Saharsa.

2. Sakila Khatoon Mannan Khan Resident of Village- Nauhatta (Purbi), P.S.- Nauhatta, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Nauhatta P.S. Case No. 152 of 2018 registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code.

Allegation against the petitioners is of kidnapping the minor daughter of the Informant for the purpose of marriage along with FIR named accused It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case as they are the mother and sister of Md. Shamsher with whom the girl had eloped. The Statement of the victim girl was recorded under Section 164 of the Cr.P.C in which she has stated that she had gone out on her own volition and sweet will with

Patna High Court Cr.Misc. No.6925 of 2019(2) dt.14-02-2019 2/2 Md. Shamsher. Petitioners have got no criminal antecedent and are in custody since 10.10.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Saharsa, in connection with Nauhatta P.S. Case No. 152 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U