Madina Khatoon And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31756 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Madina Khatoon, wife of Salamuddin, resident of Village Baltharwa, P.O. and P.S. Pipra Kothi, District East Champaran
2. Firoz Mian, son of Late Md. Manif, resident of village Laxmipur Laukhan, P.O. and P.S. Ghorasahan, District East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners seek bail in connection with Pipra Kothi P.S. Case No. 75/2017 for offences punishable under Sections 363, 364, 120-B/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his daughter Babita Kumari, aged 14 years, went for natural call and did not return. Allegation is that some persons, named in the First Information Report including the petitioners, have enticed the daughter of the informant.
It has been submitted by the learned counsel for
Patna High Court Cr.Misc. No.31756 of 2017 (4) dt.08-09-2017 2/3 the petitioners that they are innocent, bear no criminal history, have been falsely implicated in the aforesaid case and the victim girl in her statement under Section 164 Cr.P.C. has not named anybody. He submits that the petitioners have been made accused only on the ground of suspicion and some of the co-accused have been granted privilege of bail by the learned court below itself and even pre-arrest bail has been granted to co-accused by a coordinate Bench of this Court. He further submits that petitioners are languishing in custody since 24.04.2017 without any fault of theirs, charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioners.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged 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 learned Chief Judicial Magistrate, East Champaran at Motihari, in connection
Patna High Court Cr.Misc. No.31756 of 2017 (4) dt.08-09-2017 3/3 with Pipra Kothi P.S. Case No. 75/17, subject to the condition that both the bailors would be close relatives of the petitioners.
(Nilu Agrawal, J) Rajesh/- U T