Md. Hanif Khan @ Shahid Khan @ Mohammad Hanif @ Md. Shahid Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7463 of 2025 Arising Out of PS. Case No.-91 Year-2024 Thana- MAIGRA District- Gaya ====================================================== 1.
Md. Hanif Khan @ Shahid Khan @ Mohammad Hanif @ Md. Shahid Khan S/o- Lal Khan @ Jamil Ahmed Khan @ Jamil @ Jama Khan Resident of village- Kuibar, P.S.- Imamganj, District - Gaya 2.
Lal Khan @ Jamil Ahmad Khan @ Jamil @ Jama Khan S/o- Budhai Khan Resident of village- Kuibar, P.S.- Imamganj, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Javed Jafar Khan For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Maigra Police Station Case No. 91 of 2024, disclosing offences under Sections 96 of the Indian Penal Code.
3. As per the prosecution case on 11.11.2024, the daughter of the informant aged about 14 years went to attend coaching classes but she did not return. Upon search, the informant came to know that petitioners have kidnapped the daughter of the informant.
4. Learned counsel for the petitioners submits that petitioner no. 2 is father of petitioner no. 1. The age of the
Patna High Court CR. MISC. No.7463 of 2025(2) dt.24-03-2025 2/3 victim girl has been assessed in the medical examination between 17-18 years. There was love relationship between petitioner no. 1 and the victim girl and both have solemnized marriage and a compromise petition has been filed on 02.12.2024. The statement of the victim girl has been recorded in which she has accepted the love affair between petitioner no. 1 and the victim girl and both have performed marriage.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner no. 1 and the victim girl was having love relationship, the victim girl in her statement recorded under Section 183 of the Cr.P.C. has accepted the love affair and the marriage performed with petitioner no. 1, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sherghati, District Gaya, in connection with Maigra Police Station Case No. 91 of 2024, subject to the condition laid down
Patna High Court CR. MISC. No.7463 of 2025(2) dt.24-03-2025 3/3 under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T