Md. Murshid @ Khurshid And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9420 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -DHURAIYA District- BANKA ======================================================

1. Md. Murshid @ Khurshid, S/o Md. Israfil,

2. Afshana Pravin @ Ajsana, W/o Md. Murshid @ Khurshid,

3. Md. Esrafil, S/o Md. Ataul, all Resident of Village-Rampur, Police Station-Dhoraiya, District-Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Dhoraiya PS case no. 265 of 2017 registered for the offences punishable under Sections 366, 366(A)/34 of Indian Penal Code.

The allegation is regarding one Sonu having taken away the victim girl and thereafter, it is alleged that he had solemnized marriage.

The learned counsel for the petitioners submits that as far as the petitioners herein are concerned, they are the father, mother and other relatives of the said Sonu and they have no

Patna High Court Cr.Misc. No.9420 of 2018 (3) dt.05-04-2018 2/2 complicity in this matter. It is further submitted that the victim girl, in her statement recorded under Section 164 of Code of Criminal Procedure, has not alleged any sort of untoward incident or rape having been committed on her by any of the accused persons much less the said Sonu. The petitioner is said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Banka in connection with Dhoraiya PS case no. 265 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T