Mir Tahir And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3622 of 2017 Arising Out of PS.Case No. -62 Year- 2016 Thana -MAHILA PS District- EAST CHAMPARAN (MOTIHARI) ======================================================
1. Mir Tahir, son of late Mir Tizarat
2. Mir Sajid Mian, son of Mir Tahir,
3. Raushan Tara, daughter of Mir Tahir,
4. Jahan Ara Khatoon, wife of Mir Tahir,
5. Chand Mian, son of Mir Tahir, All residents of village- Watganj, P.S.- Pipra Kotihi, District- East Champaran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anuj Kumar, Advocate. For the Opposite Party : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 342. 323. 376/34 of the Indian Penal Code and Sections 3, 4 and 6 of the POCSO Act. It has been submitted that the victim girl was in love affairs with Zahid Hussain. She later on preferred marriage with him which appears from Annexure-3. It is alleged in the written report that Zahid Hussain used to tease the victim girl and when she was returning from her school, she was kidnapped by Zahid along with other accused persons. He disclosed the name of the
Patna High Court Cr.Misc. No.3622 of 2017 (2) dt.10-02-2017 2/2 petitioner. The victim girl in the statement under Section 164 Cr. P.C. has stated that she went with Zahid Hussain. She alleged committing illegal act with her against Zahid Hussain. The petitioner is said to be the family members of Zahid Hussain. Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Mahila P.S. Case No. 62 of 2016, shall 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 Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C. (Sanjay Priya, J) S.Ali/- U T