Jarina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32061 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- KANGLI District- West Champaran ====================================================== 1.

Jarina Khatoon W/o Akbar Dewan Resident of Village - Bheriharwa, P.S.- Kangali, Dist.- West Champaran.

2.

Robeda Khatoon @ Rubeda Khatoon W/o Rudal Dewan Resident of Village - Bheriharwa, P.S.- Kangali, Dist.- West Champaran. 3.

Ish Mohammad Dewan @ Ish Mahammad Dewan Son of Late Sumali Dewan Resident of Village - Bheriharwa, P.S.- Kangali, Dist.- West Champaran.

4.

Khusboo Khatoon W/o Moharram Dewan Resident of Village - Bheriharwa, P.S.- Kangali, Dist.- West Champaran.

5.

Jabnesha Khatoon @ Jubnesha Khatoon W/o Matbar Dewan Resident of Village - Bheriharwa, P.S.- Kangali, Dist.- West Champaran. 6.

Sabun Khatoon @ Saimun Nesha D/o Matbar Dewan Resident of Village - Bheriharwa, P.S.- Kangali, Dist.- West Champaran. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar No 7 For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 341, 323, 363, 366-A, 448 & 504/34 of the Indian Penal Code. The minor daughter of the informant is said to have been kidnapped by Amaruddin Ansari, Nehal Alam and Jakir Alam and on approaching accused persons for making complain of kidnapping of her daughter by the aforesaid accused persons the petitioners and other accused persons descending at

Patna High Court CR. MISC. No.32061 of 2019(2) dt.15-05-2019 2/2 his house slated and fisted him.

Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case. They have not kidnapped the daughter of the informant. There is no allegation of kidnapping against the petitioners. Victim in her statement under Section 164 Cr.P.C. has also not named the petitioners in the occurrence. Moreover, she has candidly denied her kidnapping by anyone rather stated that she had left her house suo motu and performed marriage with the Jakir Alam. The petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioners, 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, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Kangali P.S. Case No.06 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.