Shah Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5808 of 2017 Arising Out of PS.Case No. -289 Year- 2016 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Shah Alam, Son of Giyasuddin

2. Atiful, Son of Sarika

3. Subhan, Son of Sadru Baihara.

4. Taslima @ Taslima Khatoon, Wife of late Kudus

5. Azmetara, D/o late Kudus

6. Bijli @ Bijli Khatoon D/o late Kudus

7. Chiti W/o Alauddin All are resident of Village- Jarhanda tola Dolatpur, P.S. Azamnagar, District- Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Azamnagar P. S. Case No. 289 of 2016 instituted under Sections 364 and 366 of the Indian Penal Code. The allegation, in brief, is that petitioners had kidnapped 16 years old girl of the informant. Learned counsel for the petitioners submits that the girl of the informant went missing on 16.10.2016 but the FIR was

Patna High Court Cr.Misc. No.5808 of 2017 (4) dt.12-04-2017 2/2 lodged on 24.10.2016 and in fact, the girl (complainant) herself turned up so the petitioners are not involved in her kidnapping. Learned A.P.P. submits that the girl of the informant in her statement recorded under Section 164 Cr.P.C., named all the petitioners, except petitioner no. 3 Subhan and petitioner no. 7 Chiti.

Having considered the statement of the victim girl, the prayer for anticipatory bail of the petitioners, save and except petitioners no. 3 and 7, is rejected and directed to surrender before the court below and seek regular bail, which shall be considered on its own merit without being prejudiced by this order. So far petitioner no. 3 Subhan and petitioner no. 7 Chiti are concerned, they are directed to be released on bail, in the event of arrest or surrender before the court below, within four weeks from today, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Dharmendra Singh, learned J.M.-1st Class, Katihar, in connection with Azam Nagar P.S.Case No. 289 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973..

(Arun Kumar, J) Sujit/- U