Sahjamil And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40591 of 2016 Arising Out of PS.Case No. -412 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Sahjamil Son of Sirajuddin

2. Osika Khatoon @ Osila Khatoon Wife of Sahjamil

3. Amin @ Md. Amin @ Sahamin Son of Sirajuddin All resident of village - Chandbhag Ward No. 1, P.S. Madanpur, O.P.District Araria .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Araria (Madanpur) Police Station Case No. 412 of 2016, disclosing offences under Sections 363/366A/34 of the Indian Penal Code.

The petitioner no. 1 is the father, petitioner no. 2 is the mother and petitioner no. 3 is the uncle of the accused Munis.

It is alleged that these petitioners have said accused Munis to kidnap daughters of the informant for their marriage.

Learned Counsel for the petitioners has drawn my attention to the statements of the victim girls, recorded

Patna High Court Cr.Misc. No.40591 of 2016 (2) dt.22-09-2016 2/2 under Section 164 of the Code of Criminal Procedure, 1973, to contend that the victim girls have not taken name of these petitioners, making allegation of their participation. Considering the above submission, this application is allowed.

Let the petitioners, namely, Sahjamil, Osika Khatoon @ Osila Khatoon and Amin @ Md. Amin, in the event of their arrest or surrender before the Court below within six weeks, be released 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 Chief Judicial Magistrate, Araria, in connection with Araria (Madanpur) Police Station Case No. 412 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √