Rayeesh Mian And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23665 of 2015 Arising Out of PS.Case No. -1009 Year- 2012 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Rayeesh Mian son of Muslim Mian

2. Ajeet Mian son of Muslim Mian

3. Muslim Mian son of Late Mogal Mian

4. Sharif Mian son of Md. Kashim Mian.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Sarun W/o Md. Ilyas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. S.Eheteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-07-2015 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 323 and 365 of the Indian Penal Code. It is alleged that the daughter of the informant was kidnapped by the accused persons, subsequently, petitioner no.1 claimed to have married with the victim.

It is submitted by learned counsel for the petitioners that during investigation, the accusation was found false since the victim married with some other person and final form was

Patna High Court Cr.Misc. No.23665 of 2015 (2) dt.07-07-2015 2/3 submitted and subsequently on the basis of protest petition, the cognizance was taken.

It is submitted by learned counsel for the petitioner that the victim filed Complaint Case No. 807 of 2006 against the petitioner no.1 subsequently the complainant entered into compromise.

Considering the fact that the impugned order reflects that the victim is still missing and thrust of accusation is against petitioner no.1, this Court is not inclined to grant him anticipatory bail.

Let the learned court below consider the prayer for regular bail of petitioner no.1 if he surrenders within a period of six weeks.

Considering the general and omnibus accusation against petitioner nos. 2 to 4, let them 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 J.M., 1st Class, Araria in connection with Complaint Case No-1009C of 2012, subject to the conditions as laid down under Section 438(2)

Patna High Court Cr.Misc. No.23665 of 2015 (2) dt.07-07-2015 3/3 Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T