Kalu Mian @ Shahbaz Ansari @ Kalu @ Shahbaz Ansari And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52049 of 2015 Arising Out of PS.Case No. -245 Year- 2015 Thana -BARHARIA District- SIWAN ======================================================
1. Kalu Mian @ Shahbaz Ansari @ Kalu @ Shahbaz Ansari
2. Dilsher Mian @ Md. Dilsher Both sons of Abdul Gaffar @ Gaffar Mian
3. Jainam Khatoon Wife of Abdul Gaffar @ Gaffar Mian
4. Tarkeshwar Singh @ Tarkeshwar Kumar, son of Ramanand Singh All Resident of Village Balapur, Police Station- Barharia, District- Siwan. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Barharia P.S. Case No. 245 of 2015 instituted for the offences punishable under Sections 363, 366(A), 406, 34 of the Indian Panel Code and Sections 4 and 6 of POSCO Act. As per prosecution case, the informant has alleged that the accused persons Kalu Mian, Dilsher Mian, Jainam Khatoon and Tarkeshwar Singh kidnapped the daughter of the informant, namely, Suganti Devi while she was going to ease herself and took away on a vehicle. The accused persons kidnapped for the purpose of marriage and she was wearing ornaments worth Rs. 1.5 lacs.
Patna High Court Cr.Misc. No.52049 of 2015 (3) dt.10-02-2016 2/2 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. The petitioners have falsely been implicated in the present case. From perusal of the Annexure-2, it is evident that the victim girl has been examined under Section 164 of the Code of Criminal Procedure. She has denied the entire allegations levelled in the F.I.R. She admits that she has married with the petitioner No. 1 and leading a conjugal life with him.
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 above named petitioners, in the event of their arrest or surrender in the court below within a period of six weeks from today, be released on bail 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 Chief Judicial Magistrate, Siwan in connection with Barharia P.S. Case No. 245 of 2015, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J.) ajaypd./- U T