Shahina Khatoon And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.29490 of 2014 (3) dt.19-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29490 of 2014 Arising Out of PS.Case No. -75 Year- 2014 Thana -BUXAR District- BUXAR ======================================================
1. Shahina Khatoon W/o Pappu Dalal Banarsi
2. Munna Darji s/o Ayub Tailor Master @ Ayub Ali
3. Pappu Dalal Banarsi s/o Jalaluddin All r/o mohalla - Koirpurva, p.s. - Buxar (T), District - Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Buxar (T) P.S. Case No. 75 of 2014 registered for the offences punishable under Sections 376, 120 (B) of the Indian Penal Code and Section 5 of Immoral Traffic (Prevention) Act, 1956. Allegedly, the daughter of the informant was kidnapped on 30.9.2012 and the FIR has been lodged on 12.2.2014 with allegation that the petitioners on some false pretext took away the daughter of the informant and at first she was brought to Mugarsarai and Varanasi and lastly to Mumbai and after committing rape on her they sold her to the immoral trafficker but any how her daughter came and then the case was lodged.
Patna High Court Cr.Misc. No.29490 of 2014 (3) dt.19-01-2015 Submission is that the FIR was lodged after much delay. The informant is in habit of lodging the case of similar nature and after realizing some money, she used to compromise the case and for that annexure-2 series have been filed to show that in similar nature of cases the informant has filed compromise petition. It has further been submitted that a sanha was filed which is annexure-3, and as such, the petitioners deserve sympathetic consideration.
Learned APP after going through annexure-2 series fairly submits that the informant is in habit to lodge cases and then compromise the same.
In the facts and circumstances stated above and in view of annexure- 2 series, the petitioners above named, in case of their surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (T) P.S. Case No. 75 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T