Samsad Ansari @ Shamshad Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47291 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- BARHARIA District- Siwan ====================================================== 1.

Samsad Ansari @ Shamshad Ahmad S/o Shahabuddin Ansari, R/o villageLakri Dargah, P.S.- Barharia, District- Siwan 2.

Ahsan Ali @ Monu Miya S/o Kamruddin Miya, R/o village- Pyarepur, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-07-2019 Heard both sides.

Petitioners apprehend their arrest in Barharia P.S. Case No.86 of 2019 registered under Sections 363, 366(A) and 34 of the Indian Penal Code.

The mother of the victim alleged that while her daughter had gone to purchase some articles on kirana shop, she was kidnapped by Samsad Ansari (petitioner no.1), Varish Ansari, Sonu Ansari and Monu Miya (petitioner no.2). Learned counsel for the petitioners submits that the victim made her statement under Section 164 of the Cr.P.C. and she denied the factum of her kidnapping. She disclosed that she solemnized marriage with Shamshad Ahmad and she voluntarily

Patna High Court CR. MISC. No.47291 of 2019(2) dt.30-07-2019 2/2 left her house and went to Mumbai along with Shamshad Ahmad (petitioner no.1) and nobody kidnapped her. Having considered the facts that the victim herself denied the factum of her kidnapping and she disclosed that she voluntarily left her house and solemnized marriage with Shamshad Ahmad (petitioner no.1), the above named petitioners, 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Siwan in connection with Barharia P.S. Case No.86 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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