Ainul Miyan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50951 of 2018 Arising Out of PS.Case No. -32 Year- 2018 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ainul Miyan, Son of Banti Miyan,

2. Ayaisha Begam @ Rusha Khatoon, Wife of Ainul Miyan,

3. Rozi Begam @ Amrul Khatoon, Wife of Sadam Husain, All are resident of Village- Khashuar, P.S.- Bettiah, Muffasil, District- West Champaran. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-09-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with S.G.R. No. 11 of 2018, arising out of Bettiah Muffasil P.S.Case No. 32 of 2018 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation against the petitioners is of assisting the main accused in kidnapping of minor daughter of the informant. Submission of learned counsel for the petitioners is that the statement of victim girl recorded under Section 164 Cr.P.C. shows that she was aged 18 years and there was love affair the victim girl and one Manjeet Yadav and they have solemnized

Patna High Court Cr.Misc. No.50951 of 2018 (2) dt.04-09-2018 2/2 marriage. So far petitioners are concerned, there is no allegation against them.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-I-cum-Special Judge, Bettiah, in connection with S.G.R. No. 11 of 2018, arising out of Bettiah Muffasil P.S.Case No. 32 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U