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Patna High CourtCR. MISC./60404/2018bail granted

Zahida Khatoon @ Khahida Khatoon @ Sahida Khatoon And ANR v. The State Of Bihar

2019-01-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60404 of 2018 Arising Out of PS. Case No.-139 Year-2018 Thana- PAKRIDAYAL District- East Champaran ======================================================

1. Zahida Khatoon @ Khahida Khatoon @ Sahida Khatoon W/o Md. Pravej, R/o Vill.- Kushmahwa, P.S.- Dhaka, District- East Champaran.

2. Sabnam Khatoon @ Shamnam Khatoon W/o Tahi Hassan, R/o Vill.- Parsauni, P.S.- Patahi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard both sides.

The petitioners apprehend their arrest in Pakrideyal P.S. Case No.139 of 2018 registered under Sections 363, 365, 366A and 34 of the Indian Penal Code.

The informant alleged that one Sarfaraj Alam had talked with the victim on her mobile. The victim had gone to school but she did not return. The informant suspected that Sarfaraj Alam kidnapped his minor daughter with the help of petitioners.

Learned counsel for the petitioners submits that the petitioners are relatives of Sarfaraj Alam. There is no eye witness of the occurrence. Only suspicion is raised against the petitioners that they might have helped Sarfaraj Alam in

Patna High Court Cr.Misc. No.60404 of 2018(3) dt.29-01-2019 2/2 kidnapping the victim.

Having considered the fact that the petitioners are relatives of Sarfaraj Alam and there appears no tangible evidence to show their involvement in kidnapping the victim, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Pakarideyal P.S. Case No.139 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U