Nabi Hassan @ Nabi Hussain And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27404 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Nabi Hassan @ Nabi Hussain son of Mansoor Alam
2. Nadeem Akhtar, son of Nabi Hassan @ Nabi Hussain Both Resident of Village- Jamadar Tola, P.S.- Chautarwa, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsels for the petitioners and the State.
The petitioners are in custody in connection with Chautarwa P.S. Case No. 42 of 2017 for the offences under Sections 363, 366 and 34 of the Indian Penal Code. Today a supplementary affidavit has been filed on behalf of the petitioners enclosing the statement of the victim girl recorded under Section 164 Cr.P.C. from perusal of which it appears that the girl is major and she had joined the wedlock with Nasim Akhtar, with whom she has stated to have performed marriage on her own will. The petitioner No. 1 is father and petitioner No. 2 is brother of said Nasim Akhtar.
Patna High Court Cr.Misc. No.27404 of 2017 (2) dt.06-07-2017 2/2 Having regard to the statement of the girl under Section 164 Cr.P.C. recorded on 22.6.2017 and considering the fact that as per the medical report, the girl is major aged about 21 years, I am inclined to enlarge the petitioners, above named, 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 ACJM, Bagaha, District- West Champaran or the successor Court in connection with Chautarwa P.S. Case No. 42 of 2017, subject to the condition that the petitioner will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence and influence the witnesses.
(Anil Kumar Upadhyay, J) S.Pandey/- U T