Najina Khatoon @ Majida Khatoon And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1782 of 2017 Arising Out of PS.Case No. -178 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Najina Khatoon @ Majida Khatoon, wife of Taslimuddin, Resident of Village- Meera Bhitta, P.S.- Islampur, District- Dinajpur, West Bengal at present residing at Village- Tikulia, P.S.- Kumarkhand, DistrictMadhepura.
2. Akalu Miyan @ Aklu Miyan, son of Buchchan Mian, Resident of Village- Gadhar Gachh, P.S.- Islampur, District- Dinajpur, West Bengal, at present residing at Village- Tikulia, P.S.- Kumarkhand, DistrictMadhepura. .... .... Petitioners
Versus
1. The State of Bihar.
2. Lochan Sharma, S/o Bhataoa Sharma, R/o Vill- Tikulia, P.S.- Kumarkhand, Dist- Madhepura.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Dinesh Prasad Verma, Advocate Mr. Rohit Kumar Sharma, Advocate For the Opposite Parties : Mr. Ashok Kumar Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Complaint Case No. 178 of 2015 instituted for the offence under Sections 323, 365, 120B of the Indian Penal Code.
The allegation in the complaint petition is that in the night of 07.04.2015 while daughter-in-law of the complainant, namely, Priyanka Devi @ Mahjeda Khatoon was sleeping in her house then the petitioners and co-accused persons under
Patna High Court Cr.Misc. No.1782 of 2017 (2) dt.25-01-2017 2/2 conspiracy kidnapped her in order to marry with her or for other bad intention. The victim girl has stated her age in her statement during inquiry under Section 202 of Cr.P.C to be 23 years. She has stated to court question that after running away from Siliguri, she did not file any case in the police station. She has also stated that she did not get any medical examination done. It has been submitted that co-accused, namely, Nand Kishore Sah and Salia Devi have been granted anticipatory bail by Co-ordinate Bench of this Court vide Cr. Misc. No. 27216 of 2016 dated 11.07.2016. In the circumstances, prayer of the petitioners for anticipatory bail is allowed.
In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Complaint Case No. 178 of 2015, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Sanjay Priya, J.) ravi/- U T