Md. Wahid And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23135 of 2016 Arising Out of PS.Case No. -473 Year- 2015 Thana -KATIHAR District- KATIHAR ======================================================

1. Md. Wahid

2. Md. Mohid Both are Son of Md. Usman

3. Jarina Khatoon W/o Md. Usman

4. Interkhab S/o Hassan Raja@Munna

5. Laffu @ Md. Laffu S/o Md. Manglu All are resident of VillageIslampur Near D.S College PS & District Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-08-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Katihar Town P.S. Case No. 473 of 2015 for the offences registered under Sections 366, 376, 379/34 of the Indian Penal Code.

Case dairy of the present case was called for, which has since been received.

It appears from the first information report as well as other material which have surfaced in the case dairy that save and except their presence at the

time of kidnapping, there is no allegation against them.

Mr. Pankaj Kumar, learned counsel for the petitioners submits that the entire family has been roped in only because there was a love affair between one Md. Sahid and the victim girl who has since been recovered. Moreover, in the statement made before the Magistrate under Section 164 Cr.P.C, she has not made allegation of rape.

Having considered the facts and circumstances of the case and that petitioners have no connection with the allegation of rape and also do not have any criminal antecedents, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 473 of 2015, subject to

the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T