Shamim Mian And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 47700 of 2015 Arising Out of PS.Case No. -141 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shamim Mian son of Abul Kaish alias Kaish Master
2. Abul Kaish alias Kaish Master son of late Md. Hafiz Both are residents of village - Shekhawa Tola, P.S. - Adapur, District - East Champaran. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mrs. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
29-01-2016 Heard learned counsel for petitioners and learned Addl. Public Prosecutor.
Two petitioners, apprehending their arrest in Adapur P.S. Case No. 141 of 2015 registered for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code, have prayed for grant of anticipatory bail.
It was submitted by learned counsel for petitioners that ofcourse in the F.I.R., it was alleged that both the petitioners with another namely Arman @ Kalam, son of petitioner no. 2 had kidnapped the daughter of the informant, subsequently, the victim girl was found at railway station and her statement under Section 164 of the Cr.P.C. was recorded, in which, she made categorical statement that she was never kidnapped. Learned counsel for petitioners submits that in the statement recorded under Section 164 of the Cr.P.C., her age has been mentioned as 17 years,
Patna High Court Cr.Misc. No.47700 of 2015 (3) dt.29-01-2016 2/2 whereas, during investigation, she was examined by the doctor and her age was assessed in between 17 1⁄2 to 18 1⁄2 . According to him, the victim girl was a major girl and according to her statement, no kidnapping had taken place.
Earlier, the case dairy was called for, which has been received. I have perused the case diary and on perusal of the same, the Court is satisfied that it is a fit case for extending the privilege of anticipatory bail, particularly; in view of the fact that the victim girl, who is major, had made categorical statement denying the statement of the informant regarding kidnapping. Accordingly, in view of the facts and circumstances, let both the petitioners namely Shamim Mian and Abul Kaish @ Kaish Master be enlarged on bail, in the event of their arrest or surrender within a period of six weeks from today, on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran/concerned court in connection with Adapur P.S. Case No. 141 of 2015 subject to condition, as contemplated under Section 438 (2) of the Cr.P.C.
(Rakesh Kumar, J.) Anay U T