Anwar Hussain And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32846 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -MARHAURA District- SARAN ======================================================
1. Anwar Hussain, son of late Mohammd Safi,
2. Madina Bibi, wife of Anwar Hussain, both resident of villageHasanpura, Police Station- Marhowrah, District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Sahana Khatoon, daughter ............... of, Village- Hasanpura, Police Station- Marhowrah, District- Saran at Chapra. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party No.1: Dr. Mrityunjaya Kr. Gautam, APP For the Opposite Party No.2: Mr. Binod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 22-09-2017 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioners apprehend their arrest in Marhowrah P.S. Case No.72 of 2017 instituted for the offence under Section(s) 376, 306, 120-B Indian Penal Code.
It is alleged by the informant in the Complaint Petition, which was sent to P.S. under Section 156(3) Cr. P. C., that these petitioners forced her to do flesh trade. These petitioners are the parents of the victim-informant. Victim-informant has appeared today in Court. She has stated earlier Akhtar Mian had taken her signature on plain paper and he has filed this false case.
Patna High Court Cr.Misc. No.32846 of 2017 (4) dt.22-09-2017 2/3 Counsel for the petitioner has submitted that Akhtar Mian had kidnapped her twice for which petitioner No.1 had lodged Marhowrah P.S. Case No.220 of 2014 under Sections 363, 366-A Indian Penal Code and Marhowrah P.S. Case No.65 of 2017 under Sections 363, 366-A Indian Penal Code (Annexure-2 and 3).
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Marhowrah P.S. Case No.72 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 2nd, Saran at Chapra, Saran at Chapra, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the
Patna High Court Cr.Misc. No.32846 of 2017 (4) dt.22-09-2017 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T