Md. Nayeem And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37272 of 2015 Arising Out of PS.Case No. -162 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Md. Nayeem.

2. Md. Murad Both sons of Md. Naseem.

3. Md. Naseem, son of Late Ismail.

4. Aisha Khatoon, wife of Md. Naseem All residents of village- Ninga, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Kumar, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 366A, 372/34 of the Indian Penal Code and 3(1) (xi) (xii) of the S.C./S.T.(Prevention of Atrocities) Act.

Accusation is of kidnapping the minor daughter of the informant.

It is submitted by the learned counsel for the petitioners that under Section 164 Cr.P.C. statement the victim got her age recorded 18 years, the Court also assessed her aged

17. She has also stated that she of her own went to the company of Md. Fahim and married with him.

Patna High Court Cr.Misc. No.37272 of 2015 (2) dt.15-09-2015 It is submitted by the learned counsel for the petitioners that petitioners have been roped in the present case being the brother, uncle and mother of co-accused Md. Fahim, when the victim in 164 Cr.P.C. statement has not named these petitioners.

Considering the 164 Cr.P.C. statement of the victim, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 162 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T