Md. Fakharuddin @ Fakhruddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18203 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Fakharuddin @ Fakhruddin, son of Md. Aliyas,

2. Nasaruddin, Son of Md. Aliyas.

3. Md. Faisal @ Faishal, Son of Tajmul,

4. Md. Tobraz @ Md. Tabrez, Son of Md. Anwar, All residents of VillageKushmahawa, P.S.- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-06-2017 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in connection with Dhaka P.S. Case No. 191 of 2016 registered for the offences under Sections 363, 366/34 of the Indian Penal Code. As per prosecution case, while the daughter of the informant stepped outside of the house for defecation some accused persons including the petitioners abducted her. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence and they have falsely been implicated in the case. They have no

Patna High Court Cr.Misc. No.18203 of 2017 (3) dt.14-06-2017 2/2 concern with the occurrence. The victim in his statement recorded under Section 164 of the Cr.P.C. has not named the petitioners. Moreover, she has even not divulged about outraging of her modesty by the petitioners.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of his 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, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 191 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prakash Chandra Jaiswal, J) rohit/- U T