Robina Khatoon And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24039 of 2015 Arising out of PS.Case No. -95 Year- 2013 Thana -BAHADURGANJ District- KISANGANJ ======================================================

1. Robina Khatoon, Wife of Rasul Sah @ Nago Sah.

2. Rasul Sah @ Nago Sah, Son of Late Habib Sah, resident of village - Lohagara, P.S. Bahadurganj, District - Kishanganj. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Radha Mohan Singh, Advocate. For the Opposite Party : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 The petitioners are languishing in custody since 13.03.2015 in connection with Bahadurganj P.S. Case No. 95 of 2013 for the offences instituted under Sections 302, 364 and 120(B)/34 of the I.P.C.

Heard learned counsel for the petitioners and learned counsel for the State.

The prosecution story, in brief, is that the informant, namely, Munni Khaton, has given an application for registration of Sanha on 20.04.2013 regarding missing of her sister, namely, Soni Khatoon, is about 15 years on 17.04.2013 at about 1.30 P.M. the informant came to market to purchase some domestic articles, when she returned from market, she has not found her sister and

Patna High Court Cr.Misc. No.24039 of 2015 (2) dt.06-07-2015 2/3 from then she searched her sister but till date she has not found her sister. The informant has further given the physical structure and photograph of her sister. On 11.05.2013, the informant gave an application before the local police, which is basis for registration of the instant case. The informant stated in her application that she had given an application on 17.04.2014 that he sister without informing her went outside. During the course of search, she came to know that all named accused persons had taken away her sister for the purpose of flesh trade or they may kill her. It has been submitted on behalf of the petitioners that there is no direct or indirect evidence against the petitioners regarding committing of the present offence. It is further submitted that the co-accused in the present case have been granted bail vide Annexure-5 series to the present application. The petitioners are in custody since 13.03.2015.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances that other co-accused persons have been granted bail, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Kishanganj,

Patna High Court Cr.Misc. No.24039 of 2015 (2) dt.06-07-2015 3/3 in connection with Bahadurganj P.S. Case No. 95 of 2013 (S.G.R. No. 667 of 2013).

U.K./- (Sudhir Singh, J) U T