Ansaraul Haque @ Ansarul Haque And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46157 of 2018 Arising Out of PS. Case No.-233 Year-2018 Thana- TURKAULIYA District- East Champaran ======================================================

1. Ansaraul Haque @ Ansarul Haque, S/o Late Shekh Hafiz,

2. Raushan Khatoon W/o Ansaraul Haque @ Ansarul Haque, Both R/o Vill.- Janerwa, P.S.- Banjariya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Turkauliya ( Banjariya) P.S. case no. 233 of 2018 instituted for the offence under Section(s) 363, 366A, 506/34 of the Indian Penal Code. In the written report, it is alleged that the minor sister of the informant has been kidnapped by Rashid Ali. The informant went to enquire to the house of Rashid Ali from his parents. Then, his father Ansaraul Haque and mother Raushan Khatoon abused the informant. The victim girl, on her recovery, has given her statement under Section 164 Cr.P.C., wherein, she has stated that she has voluntarily gone to Nepal because her parents have assaulted her on refusal to marry with a boy who

Patna High Court Cr.Misc. No.46157 of 2018(2) dt.18-08-2018 2/2 was handicapped with whom her parents wanted to marry her. 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 Turkauliya ( Banjariya) P.S. case no. 233 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Motihari, East Champaran, 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 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T