Md. Gulam Navi Rasul @ Navi Rasul And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9177 of 2015 Arising Out of PS.Case No. -189 Year- 2014 Thana -BARHARA District- BHOJPUR ======================================================

1. Md. Gulam Navi Rasul @ Navi Rasul Son of Late Abuddin Mian

2. Hazra Khatoon Wife of Md. Gulam Navi Rasul @ Navi Rasool, Both residents of Mohalla - Kiribhuru Maszid Complex P.S. - Kiribhuru, District - Chaibasa, West Singhbhum (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amir Alam For the Opposite Party/s : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2015 Heard the Counsel for the petitioners and the APP for the State.

Petitioners seek bail in connection with Barhara (Krishna Garh) P.S. Case No. 189 of 2014 registered under Sections 366, 379/34 of the Indian Penal Code. Two petitioners herein are husband and wife being parents of Md. Sajid who is said to have kidnapped/abducted 20 years old niece of the informant. It has been submitted that there is inordinate delay in filing the F.I.R. In fact, the victim had already married Md. Sajid and are living together as husband and wife. Petitioners are the parents. There is no allegation of kidnapping against them in the F.I.R..

Considering the aforesaid, in the event of arrest or

Patna High Court Cr.Misc. No.9177 of 2015 (5) dt.06-07-2015 2/2 surrender in the Court below within four weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ara in Barhara (Krishnagarh) P.S. Case No. 189 of 2014 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.

(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T