Raju Dhobi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46387 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- KHANPURA District- Samastipur ====================================================== 1.

RAJU DHOBI SON OF ALLAUDIN DHOBI VILLAGEBHORESHAHPUR, P.S.- KHANPUR, DISTT.- SAMASTIPUR 2.

MD. MIRAZ SON OF MD. SATTAR DHOBI VILLAGEBHORESHAHPUR, P.S.- KHANPUR, DISTT.- SAMASTIPUR 3.

MD. MURTUZA @ MD. MURTAZA SON OF MD. IDRIS VILLAGEBHORESHAHPUR, P.S.- KHANPUR, DISTT.- SAMASTIPUR 4.

MD. RAMJANI SON OF RAUSHAN DHOBI VILLAGEBHORESHAHPUR, P.S.- KHANPUR, DISTT.- SAMASTIPUR 5.

SHABANA KHATOON WIFE OF MD. MURTUZA @ MD. MURTAZA VILLAGE- BHORESHAHPUR, P.S.- KHANPUR, DISTT.- SAMASTIPUR 6.

BEBY KHATOON WIFE OF RAJU DHOBI VILLAGEBHORESHAHPUR, P.S.- KHANPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Khanpur Police Station Case No. 09 of 2024, disclosing offences under Sections 363, 366(A), 34 of the Indian Penal Code.

3. As per the prosecution case, on 09.01.2024, daughter of the informant, aged about sixteen years, had gone to

Patna High Court CR. MISC. No.46387 of 2024(2) dt.07-08-2024 2/3 attend her class but did not return till evening. Upon search, the informant came to know that petitioners along with other accused persons kidnapped the victim for the purpose of marriage.

4. Learned Counsel for the petitioners submits that the son of petitioner no. 1 and co-accused of this case namely Md. Shahzad was having a love relationship with the victim girl. From the statement of the girl recorded under Section 164 Cr.P.C., it would be evident that the victim girl had gone to Kolkata where Md. Shahzad was working and they have solemnized marriage over there. The petitioners are father, mother and other relatives of the co-accused Md. Shahzad. In her statement, the victim girl has not stated anything against these petitioners. The petitioners have been made accused merely because they happen to be the parents and family members of the co-accused Md. Shahzad.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C. and the fact that the petitioners are family members of the co-accused, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.46387 of 2024(2) dt.07-08-2024 3/3

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ms. Isha Raj, JMFC-cumAdditional Munsif, Samastipur, in connection with Khanpur Police Station Case No. 09 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T