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Patna High CourtCR. MISC./65171/2019bail granted

Sahzada Faruki @ Shajada Faruki v. The State Of Bihar

2019-10-24Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65171 of 2019 Arising Out of PS. Case No.-87 Year-2017 Thana- SHIVSAGAR District- Rohtas ====================================================== 1.

SAHZADA FARUKI @ SHAJADA FARUKI Son of Late Maula Baksh 2.

Umra Farukhi Son of Sahzad Farukhi All Resident of Village - Barun (Mohanganj), P.S.- Barun, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2019 The petitioners apprehend their arrest in connection with Sheosagar P. S. Case No. 87 of 2017 registered under Sections 366, 379 and 498/34 of the Indian Penal Code. Allegation against the petitioners is that petitioners along with other accused persons abducted the daughter of the informant for the purpose of marriage and daughter of the informant also taken away a sum of Rs. 50,000/- cash and ornaments worth Rs. 2,50,000/-.

Mr. Bachan Jee Ojha, learned counsel appearing on behalf of the petitioners submits that petitioners are innocent inasmuch as daughter of the informant was allegedly allured and was abducted for the purpose of marriage, which would be evident

Patna High Court CR. MISC. No.65171 of 2019(2) dt.24-10-2019 2/3 from the FIR itself. Learned counsel further submits that petitioners are parents of Md. Sameer Farukhi with whom it appears that victim girl was having love affair, who fled away for the purpose of marriage. Learned counsel further submits that entire family members of Md. Sameer Farukhi have been implicated in this case and from perusal of Annexure-2, it would be evident that the petitioner no. 1 was present on the time and date of occurrence in the court of learned Magistrate, Aurangabad and his statement on oath under Section 202 Cr.P.C. was being recorded relating to a case lodged by the daughter of the informant.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioners are parents of Md. Sameer Farukhi, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, 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 CJM, Rohtas at Sasaram in connection with Sheosagar P.S.Case No. 87 of 2017; subject to condition as laid down under Section

Patna High Court CR. MISC. No.65171 of 2019(2) dt.24-10-2019 3/3 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T