Kalam Mian And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.314 of 2018 (2) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.314 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kalam Mian S/o Late Lal Mohammad Mian

2. Chinnu Mian S/o Kalam Mian Both are R/o Balbaria, P.S. - Shikarpur, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2018 Heard both sides.

The petitioners apprehend their arrest in Purushottampur P.S. Case No.34 of 2017 registered under Section 366A and other Sections of the Indian Penal Code. The informant alleged that her daughter was studying in the coaching of Munna Mian. Fatther and brother of Munna Mian used to come coaching institute. The informant further alleged that the petitioner and Munna Mian came to the house of the informant and took away his daughter.

The learned counsel for the petitioners submits that the informant is not an eye witness of the occurrence. Victim has already been recovered. Victim herself alleged that she had gone

Patna High Court Cr.Misc. No.314 of 2018 (2) dt.15-01-2018 to take coaching in the coaching institute of Munna Mian. Munna Mian forcibly took her to Chapra on motorcycle with the help of one unknown person. He also forcibly established physical relationship. The victim did not name the petitioners nor disclosed that the petitioners being father and brother of Munna Mian ever helped Munna Mian in kidnapping the victim.

Considering the facts aforesaid and the fact that the petitioners are father and brother of Munna Mian, the petitioners, above named, in the event of their 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 are directed to be enlarged 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 learned Additional District and Sessions Judge 1stcum-Special Judge, Bettiah, West Champaran in connection with Purushottampur P.S. Case No.34 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T