Patna High CourtCR. MISC./27415/2016rejected

Sagir Khan And ANR v. The State Of Bihar

2016-07-11Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.27415 of 2016 (02) dt.11-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27415 of 2016 Arising Out of PS.Case No. -117 Year- 2012 Thana -SIKTI District- ARRARIA ======================================================

1. Sagir Khan S/o late Muslim Khan

2. Md. shamim Khan @ Samim Khan, S/o Saiful khan Both Resident of Village Parariya, PS Siktya District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh-Advocate For the Opposite Party/s : Mr. Sri Ashok Kumar Singh-1-Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-07-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

Petitioner no.1 happens to be the husband while petitioner no.2 is of his associate (maternal uncle). Complaint has been filed by the mother of victim, who had stated that her daughter is missing from her sasural since ten days. It is evident that mother of petitioner no.1 had filed Complaint Case No.220-C of 2012 wherein she had named two accused to have forcibly taken away the victim. Victim has been recovered and her statement is Annexure-2. After going through the same, it is evident that she had categorically alleged not only against her family members rather also against her husband how, during her stay at her sasural was badly treated, taken to Jokihat

Patna High Court Cr.Misc. No.27415 of 2016 (02) dt.11-07-2016 and was left whereupon one person pounced upon her, taken her to unknown place, sold her and was captive for a year. Anyhow, she managed to escape and then, returned back to her Naihar. It has also been submitted that at the end of petitioners that matter has been compromised. Furthermore, the co-accused Most. Rabiya Khatoon @ Bibi Rabiya Khatoon had already been granted bail.

Considering the statement of the victim, I do not see it a fit case for grant of bail. Accordingly, prayer of petitioners for bail is rejected.

(Aditya Kumar Trivedi, J) Vikash/- U T