Khairun Nesha @ Sairun Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34746 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== 1.

Khairun Nesha @ Sairun Nesha Wife Of Ali Mohammad Ansari R/O Village- Hirnahi, P.S.- Jataha, District- Kushi Nagar, (U.P.). 2.

Maulvi Miyan Son Of Neur Miyan R/O Village- Marchahwa, P.S.- Dhanaha, District- West Champaran 3.

Nasruddun Miyan @ Nasruddin Ansari Son Of Ansar Miyan R/O VillageMakari, P.S.- Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 363, 366(A)/34 of the Indian Penal Code. Allegation is that co-accused Mustafa Ansari under a planned conspiracy by the petitioner Nos.2 and 3 kidnapped the daughter of the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.34746 of 2021(2) dt.09-03-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded. The victim has not named the petitioners. The police after investigation submitted final form. The court below has differed with the police report and has taken cognizance in the matter. Hence, the present application has been filed. Petitioner No.1 is a lady. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge VIIth-cum-Special Judge (POCSO), Bettiah, West Champaran in connection with Dhanha P.S. case No.193 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T