Maya Khatoon And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.10917 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10917 of 2016 Arising Out of PS.Case No. -401 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Maya Khatoon W/O Gaji Mian,

2. Sawaro Khatoon @ Sawaria Khatoon @ Sawari Khatoon, W/O Late Ishu Mian &

3. Gaji Mian S/O Late Akbar Ali Mian, all resident of village-Khaira Tola, P.S. Nautan, District-West Champaran .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rakesh Kumar, Advocate For the Opposite Party : Mr. Binod Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Nautan P.S. Case No. 401 of 2015 for the offences instituted under Sections 363 and 366A/34 of the Indian Penal Code.

As per prosecution case, the informant gave a written report stating therein that on 01.12.2015 at about 7 P.M. in the evening her daughter Nurza Khatoon has been kidnapped from Sareh while she had gone to attend the call of nature by Raju Mian, Gaji Mian, Maya Khatoon and Sawaro Khatoon after hatching conspiracy.

Patna High Court Cr.Misc. No.10917 of 2016 (2) dt.25-04-2016 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The alleged date of occurrence is 01.12.2015 but the FIR was instituted on 11.12.2015. Delay has not been explained by the prosecution. The main allegation is against Raju Mian. Petitioners have been made accused being the parents and grand mother of said Raju Mian. There is no other material to suggest their implication in the present case.

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, let the petitioners 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 Nautan P.S. Case No. 401 of 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 ACJM-6th, West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T