Nurain Mian And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7631 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== 1.
Nurain Mian , s/o Ramjan Mian 2.
Jasima Khatoon, w/o Nurain Mian Both Resident of village -Baghi Tamoliya Tola P.S.- Bairia , District- West Champaran, Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishore Prasad For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-04-2019 Heard Sri Raj Kishore Prasad, learned counsel for the petitioners and Mr. Md. Iftekhar Mahmood, learned Additional Public Prosecutor.
Two petitioners, who are parents of one Adnain Alam @ Adnan Ali against whom there was allegation that he had abducted minor daughter of the informant have approached this court with a prayer to grant bail in the event of their arrest or surrender in connection with Bairiya P.S. Case No. 204 of 2018 registered for the offence under Section 363 and 366 (A) of the Indian Penal Code, 1860 primarily on the ground that the son of the petitioners against whom there was accusation has been extended the privilege of anticipatory bail by a Co-ordinate
Patna High Court CR. MISC. No.7631 of 2019(4) dt.04-04-2019 2/2 Bench of this Court by order dated 21.02.2019 in Cr. Misc. No. 77487 of 2018. The son of the petitioners was granted bail on the ground that the victim i.e daughter of the informant had voluntarily solemnized marriage with him and she was considered as major. Since main accused has already been extended the privilege of anticipatory bail, there is no reason to pass a different order in the present case.
Accordingly in the event of their arrest or surrender within a period of six weeks from today, let both the petitioners
(1) Nurain Mian ; and (2) Jasima Khatoon be enlarged on bail on furnishing bail bonds of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VII, West Champaran, Bettiah / concerned court in connection with Bairiya P.S. Case No. 204 of 2018 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.
(Rakesh Kumar, J) praful/- U T