Ashif Alam @ Ashif Hawari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10569 of 2023 Arising Out of PS. Case No.-422 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== 1.

Ashif Alam @ Ashif Hawari Son of Munna Miyan @ Munna Hawari @ Munna Alam R/V- Sabhyata Nagar, Koiriya Tola, W. No. 24, P.S- Raxaul, Dist- East Champaran 2.

Robina Khatoon @ Ravina Khatoon @ Rabina Khatoon Wife of Munna Miyan @ Munna Alam R/V- Sabhyata Nagar, Koiriya Tola, W. No. 24, P.SRaxaul, Dist- East Champaran 3.

Munna Alam Son of Manjur Miyan R/V- Sabhyata Nagar, Koiriya Tola, W. No. 24, P.S- Raxaul, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subodh Kumar Son of Shankar Sah R/V- Koiriya Tola, Sabhyata Nagar, W. No. 24, P.S- Raxaul, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and section 8 of the POCSO Act. As per the prosecution case, co-accused Arif Alam kidnapped the minor daughter of informant with intent to marry. Petitioners are alleged to have abused the informant. It is submitted that specific allegation of kidnapping is

Patna High Court CR. MISC. No.10569 of 2023(2) dt.16-05-2023 2/2 against co-accused Arif Alam. Petitioner no. 1 is brother, petitioner no. 2 is mother and petitioner no. 3 is father of coaccused Arif Alam and they have been made accused in this case simply because they are relative of co-accused Arif Alam. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VII-cum-Special Judge POCSO Act, East Champaran, Motihari in connection with Raxaul P.S. Case No. 422 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T