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Patna High CourtCR. MISC./45138/2019bail granted

Kalam Manshuri v. The State Of Bihar

2019-09-27Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45138 of 2019 Arising Out of PS. Case No.-172 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

Kalam Manshuri, Son of Md. Abash Manshuri, @ Moti Manshuri Resident of Mohalla - Shah Jalal, P.S.- Sasaram (T), Distt - Rohtas. 2.

Shahrukh Manshuri, Son of Kalam Manshuri Resident of Mohalla - Shah Jalal, P.S.- Sasaram (T), Distt - Rohtas.

3.

Sonu Manshuri, Son of Kalam Manshuri Resident of Mohalla - Shah Jalal, P.S.- Sasaram (T), Distt - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners apprehend their arrest in connection with Sasaram (T) P.S. Case No.172 of 2019, for the offence punishable under Section 366(A)/34 of the Indian Penal Code. The allegation against the petitioners is that daughter of the informant was abducted by the petitioners and others. Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as victim girl was having love affairs with Janu Manshuri with whom she has solemnized marriage. Learned counsel further submits that statement under Section 164 Cr.P.C. has been recorded in which she has not disclosed anything against

Patna High Court CR. MISC. No.45138 of 2019(3) dt.27-09-2019 2/2 the petitioners.

Learned counsel for the State referring to the case diary submits that as per the statement made by victim under Section 164 Cr.P.C., she has admitted that she is major and has performed marriage with Janu Manshuri.

Having regard to the submissions made by the parties and taking into consideration the fact that in her statement made by the victim under Section 164 Cr.P.C., she has not disclosed anything against the petitioners, I am inclined to grant anticipatory bail to all the petitioners.

Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) U T