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Patna High CourtCR. MISC./42344/2019bail granted

Najda Khatoon v. The State Of Bihar

2019-07-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42344 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- GOBARDHANA District- West Champaran ====================================================== 1.

NAJDA KHATOON Wife of Md. Sadik 2.

Md. Sadik Son of Tolai 3.

Ahmad Maulana @ Ahmad Son of Ali Hasan Mian All resident of Village- Gudgudi, P.S.- Gobardhana, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Gobardhana P.S.Case No.15 of 2019, registered for offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

Allegation against one Md. Salim is that he enticed the minor daughter of the informant away and it is also alleged that when the informant went to inquire about the same from the petitioners, they have not co-operated with the informant and threatened the informant.

Submission of the learned counsel for the petitioners is that the FIR itself shows that the allegation is against one Md.

Patna High Court CR. MISC. No.42344 of 2019(2) dt.09-07-2019 2/2 Salim of enticing away the girl apart from that her statement under Section 164 Cr.P.c. has also been recorded denying the prosecution story and in the medical examination, she was found to be aged between 17 to 19 years , which will also appear from the impugned order itself.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Bagaha, District West Champaran in connection with Gobardhana P.S.Case No.15 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T