Amin Sheikh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45698 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Amin Sheikh Son of Late Sk. Khush Mohammad

2. Ramchandra Prasad Son of Late Kamal Prasad Both are resident of Haiswa, P.S. Sathi, District- West Champaran..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. .Mrityunjaya Kr. Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2016 The learned counsel for the petitioners is permitted to make correction in paragraph 1 of the petition. Heard both sides.

The petitioners apprehend their arrest in Sathi P.S. case No. 16 of 2016 under Section 354(B) and other Sections of the Indian Penal Code.

The victim alleged that she had gone to attend the call of nature but three unknown persons shut her mouth and at the point of dagger took her with them but the victim raised alarm. On such, all the three accused persons started fleeing away. The villagers chased them but the accused persons entered into the house of Amin Sheikh, petitioner No.1, and when the villagers wanted to enter into the house of petitioner No.1 he objected and stated that nobody had entered in his house.

Patna High Court Cr.Misc. No.45698 of 2016 (2) dt.24-11-2016 2/2 The learned counsel for the petitioners submits that petitioner No.1 did not object rather he stated that none entered into his house. The victim named the petitioner No.2 in her statement under Section 164 of the Cr. P. C. that he also objected when the villagers wanted to search out the accused persons in the house of Amin Sheikh, petitioner No.1.

Considering the facts aforesaid and the nature of allegations made against the petitioners, 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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cumSpecial Judge, West Champaran at Bettiah in Sathi P.S. Case No. 16 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T