Muslim Ansari And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.47002 of 2015 (6) dt.29-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47002 of 2015 Arising Out of Shio Sagar P.S.Case No. -92 Year- 2015 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Muslim Ansari Son of Noor Alam Ansari
2. Safi Ahmad Ansari @ Safi Ansari Son of Sarfuddin Ansari
3. Tabssum Parveen @ Tabssum Khatoon Wife of Saffi Ansari
4. Sogra Khatoon Wife of Ainul Ansari
5. Yunus Ansari @ Ainul Ansari @ Ainus Ansari Son of Sarfuddin Ansari
6. Tipu Ansari Son of Muslim Ansari
7. Husna Khatoon Wife of Muslim Ansari
8. Sakina Khatoon Wife of Noor Alam Ansari All resident of village - Semri, P.S. Shiosagar, District - Rohtas .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Chhote Lal Mishra, Advocate. For the Opposite Party : Mr. Arun Kumar Singh 5 (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehended their arrest in connection with Shio Sagar P.S. Case No. 92/2015 registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that the present case is not of a kidnapping rather the victim girl namely Nirasha Kumari had love affair with the son of the petitioner no.1 and as a consequence thereof, eloped and got married. On the last occasion, this Court had allowed the adjournment so that both could appear in Court below. It appears
Patna High Court Cr.Misc. No.47002 of 2015 (6) dt.29-03-2016 from perusal of document, which has been filed before this Court and which is being kept on record, that the said Nirasha Kumari, victim girl has appeared on 14.03.2016 before Sri Ranjeet Kumar, Judicial Magistrate 1st Class, Sasaram, wherein she has stated that she had not been kidnapped by anybody rather she went with the son of the petitioner no.1 on her own sweet will and got married. Thereafter she has further expressed her desire to live in her sasural.
Considering the statement made by the victim girl under Section 164 of the Cr.P.C. and that the petitioner no.1, who is father-in-law of the victim girl, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Sasaram, Rohtas in connection with Shiosagar P.S. Case No. 92/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjana Mishra, J.) Amit/- U