Sharif Mian @ Sharif Ansari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24794 of 2015 Arising Out of PS.Case No. -114 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sharif Mian @ Sharif Ansari S/o Late Badari Mian

2. Maimun Nesha W/o Harif Mian Both resident of village - Ramnagar Bankat, P.S. Majhauliya, District - West Champaran

3. Alim Mian @ Alim Ansari S/o Fayeen Main

4. Noor Jahan @ Noor Jahan Khatoon W/o Alim Mian Both Resident of village - Siyarahi Mathiya, P.S. Jagdishpur, District - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Nath Jha, Advocate For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending his arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code and 8 of the Prevention of Children from Sexual Offences Act. It is alleged that the petitioner no. 2 induced the minor daughter of informant and handed over to Auranjeb Ansari.

It is submitted by the learned counsel for the petitioners that the petitioners are uncle, mother, sister and

Patna High Court Cr.Misc. No.24794 of 2015 (2) dt.08-07-2015 brother-in-law of Auranjeb Ansari. The victim in 164 Cr.P.C. statement got her age recorded 18 years, the Court also assessed her aged 14 years but during medical examination of the informant the Doctor assessed her aged between 17-18 years. The victim under 164 Cr.P.C. statement has stated that she of her own went in the company of Auranjeb Ansari and has not named this petitioner. She claimed to be pregnant and the factum of pregnancy has been found true during medical examination.

Considering the fact that under 164 Cr.P.C.

statement victim has not named the petitioners, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in connection with Manjhauliya P.S. Case No. 114 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T