Jaimunia Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57927 of 2015 Arising Out of PS.Case No. -193 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jaimunia Khatoon Wife of Mofil Mian, resident of Village - Tikulia, P.S. - Motihari Mufassil, District - East champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Accusation is of kidnapping the minor daughter of the informant. In 164 Cr.P.C. statement the victim has stated that she was being kidnapped by Sahim Miyan. In 164 Cr.P.C. statement the victim got her age recorded 15 years, the Court also assessed her aged 15 years but during medical examination of the informant the Doctor found her aged between seventeen and half and eighteen and half years. It is submitted by the learned counsel for the petitioner that victim has not named the petitioner. The

Patna High Court Cr.Misc. No.57927 of 2015 (2) dt.04-01-2015 petitioner has been roped in the present case because she is mother of Sahim Miyan and the charge-sheet has been submitted against Sahim Miyan.

Considering the fact that the victim has not named the petitioner and petitioner is a lady, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Mufassil P.S. Case No. 193 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T