Tamanna Khatoon @ Tamana Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54203 of 2016 Arising Out of PS.Case No. -574 Year- 2015 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Tamanna Khatoon @ Tamana Khatoon.

2. Sabina Khatoon.

3. Rabeya Khatoon.

4. Jaharuddin Mian.

5. Mahboob Ansari.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. Jai Narain Thakur, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 574 of 2015 for the offences instituted under Section 366(A) of the IPC.

The prosecution story, in brief, is that the petitioners and co-accused Nazre Alam abducted the minor daughter of the informant when she was going to School with a view to either illegal act or sell her. When he enquired from petitioner no. 4, then he assured him to hand over his daughter but she has not been returned as yet.

Patna High Court Cr.Misc. No.54203 of 2016 (2) dt.21-12-2016 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The main allegation of abduction is against co-accused Nazre Alam and petitioner no. 5 Mahboob Ansari who are alleged to have abducted the victim girl. As far as the petitioner nos. 1, 2, 3 and 4 are concerned, no specific allegation has been made against them.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner no. 5, Mahboob Ansari. The same is rejected in connection with Bettiah Muffasil (Manualpur) P.S. Case No. 574/2015, pending in the court of learned C.J.M. West Champaran, Bettiah . If the petitioner no. 5 surrenders in the court below, the same shall be considered on its own merit without being prejudiced by the order of this Court Considering the aforesaid facts and circumstances, let the petitioner nos. 1, 2, 3 and 4, above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with

Patna High Court Cr.Misc. No.54203 of 2016 (2) dt.21-12-2016 3/3 Bettiah Muffasil (Manualpur) P.S. Case No. 574/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran, Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T