Hasanjan Miyan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4562 of 2016 Arising Out of PS.Case No. -79 Year- 2015 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Hasanjan Miyan S/o Late Usman Miyan.
2. Jahir Miyan S/o Late Jamir Miyan.
3. Murtuja Miyan S/o Jahir Miyan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Adya Singh, Advocate For the Opposite Party/s : Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.
Accusation is of abducing the minor daughter of the informant by co-accused Chand Babu. It is alleged that when informant went to enquire about Chand Babu from the petitioners being the relative of Chand Babu then they threatened to assault. It is submitted by learned counsel for the petitioners that in 164 Cr.P.C. statement the victim got her age recorded as 15 years when the learned court below assessed her age as 15 years wherein she has stated that she was abducted by Sarfaraj
Patna High Court Cr.Misc. No.4562 of 2016 (2) dt.03-02-2016 2/2 and the victim has not named the petitioners. Considering 164 Cr.P.C. statement of the victim girl wherein she has not named the petitioners, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Sikta P.S. Case No.79/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T