Mamunnisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25277 of 2021 Arising Out of PS. Case No.-439 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== 1.

MAMUNNISHA W/O MAJID SAI RESIDENT OF VILLAGE- KAYUM MAJAR, P.S. KOELWAR, DISTRICT-BJOJPUR 2.

NAYEEM SAI SON OF LATE GAFUR SAI RESIDENT OF MOHALLANEW COLONY, HANUMAN TOLA, P.S. ARA TOWN, DISTRICT- BHOJPUR 3.

NASREEN PRAVEEN @ SONY SAH D/O NAYEEM SAI RESIDENT OF MOHALLA- NEW COLONY, HANUMAN TOLA, P.S. ARA TOWN, DISTRICT- BHOJPUR ... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/ :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-03-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in connection with POCSO Case No. 09 of 2021 arising out of Ara Town P.S. Case No. 439 of 2019, registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

As per allegation, the co-accused persons namely Karim Sai and Feroz Sai kidnapped the daughter of the informant. Learned counsel for the petitioners has submitted that the

Patna High Court CR. MISC. No.25277 of 2021(2) dt.07-03-2022 2/2 petitioners are not named in the FIR. There is no allegation of kidnapping against them. Even the alleged victim has not named the present petitioners rather she has stated that co-accused Karim Sai has kidnapped her.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender, be released on anticipatory bail within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge VI, Bhojpur, Ara in connection with Ara Town P.S. Case No. 439 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T