Mohammad Munif And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41228 of 2015 Arising Out of PS.Case No. -244 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mohammad Munif
2. Mohammad Nasim
3. Shahanshah Alam @ Shahansha Alam All sons of Liyaquat Hussain
4. Mohammad Saheb All residents of Village: Jaukatiya Madarsa Tola, P.S.: Majhauliya, District: West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Nath Verma, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2015 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/34 of the Indian Penal Code.
Accusation is of kidnapping the minor daughter of the informant.
It is submitted by the learned counsel for the petitioners that in 164 Cr.P.C. statement the victim stated that she has performed marriage with Saddam Hussain and has not named the petitioner, who are the cousin of Saddam Hussain. In 164 Cr.P.C. statement the victim got her age recorded 19
Patna High Court Cr.Misc. No.41228 of 2015 (2) dt.08-10-2015 years, when the Court assessed her aged 15-16 years and as per the medical assessment the victim was found between 1719 years and the victim was found carrying pregnancy of 17 weeks 6 days.
Considering the above facts and the fact that coaccused Salekha Khatoon has been granted bail vide Cr. Misc. No. 31699 of 2015, 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 Ist Additional Sessions Judge-cum-Special Judge (POSCO), Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 244 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