Mobina Khatoon And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14087 of 2015 Arising Out of PS.Case No. -111 Year- 2013 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mobina Khatoon Wife of Afroj Mian

2. Afroj Mian Son of Sumddin Mian

3. Sumddin Mian @ Jamuddin Mian Son of Gaffar Mian

4. Afsad Mian Son of Islam Mian All residents of Village - Saraiya, P.S. - Bairiya, District - West Champaran.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-05-2015 Heard both sides.

The petitioners apprehend their arrest in Chanpatiya P.S. Case No. 111 of 2013, registered for the offences punishable under Sections 363, 366A and other Sections of the Indian Penal Code.

The informant made allegation against the petitioners that they kidnapped her daughter for the purpose of marriage. It is submitted that the victims Soni Khatoon and Afsana Khatoon made their statement under Section 164 of the Cr.P.C. and they did not whisper even a single word against the petitioners. Soni Khatoon simply stated that Afsad Mian, petitioner no. 4 asked her to accompany him. Soni Khatoon and

Patna High Court Cr.Misc. No.14087 of 2015 (2) dt.08-05-2015 2/2 Afsana Khatoon went along with Ejaj. Afsana Khatoon did not even name Afsad Mian. Both the victims are major. Considering the facts aforesaid and the fact that the victims did not name the petitioners as their kidnappers, they 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, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 111 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T