Md. Khalil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52586 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.
MD. KHALIL Son of Late Habib 2.
Rajda wife of Md. Khalil Both Residents of Village- Puraini Bazar, Police Station- Jagdishpur, District- Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Masleh Uddin Ashraf For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2019 The petitioners apprehend their arrest in connection with Jagdishpur P.S.Case No. 23 of 2019 registered under Sections 354, 363 and 366A/34 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. Allegation against the petitioners is that daughter of the informant, aged about 15 years, was abducted on 17.01.2019 and suspicion of her kidnapping was raised against co-accused Md. Pandey. It has further been alleged that when informant went to the house of these petitioners for enquiry, she was abused and threatened of dire consequences.
Learned counsel for the petitioners submits that petitioner no. 1 is father and petitioner no. 2 is mother of co-accused Md.
Patna High Court CR. MISC. No.52586 of 2019(2) dt.23-08-2019 2/2 Pandey and victim girl was recovered by the police and in her statement recorded under Section 164 Cr.P.C., she has disclosed the name of co-accused Md. Pandey only and has not alleged any complicity of the petitioners in her abduction. After having heard learned counsel for the parties and taking into consideration the fact that petitioners are the parents of Md. Pandey who was involved in abduction of the victim girl and she, in her statement recorded under Section 164 Cr.P.C., did not disclose any incriminating material against these petitioners, as such I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Bhagalpur in connection with Jagdishpur P.S.Case No. 23 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T