Enul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77607 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

Enul Haque Son Of Late Edun Miyan R/O Village- Sabuni, P.S.- Ramnagar, Dist.- West Champaran 2.

Manirul Miyan @ Manirul Haque @ Manerul Haque @ Manisul Miyan Son Of Late Edun Miyan R/O Village- Sabuni, P.S.- Ramnagar, Dist.- West Champaran 3.

Shabnam Khatoon @ Shabnam W/O Enul Haque R/O Village- Sabuni, P.S.- Ramnagar, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Ramnagar P.S. Case No. 110 of 2022 dated 16.03.2022 registered for the offence punishable under Sections 363, 366A read with 34 of the Indian Penal Code and Section 8 of the POCSO Act.

4. As per the prosecution case, the petitioners and the

Patna High Court CR. MISC. No.77607 of 2023(2) dt.11-01-2024 2/3 co-accused person are alleged to have kidnapped the two minor daughters of the informant.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The victim in her statement recorded u/s 161 of the Cr.P.C has not stated the name of the petitioners. Learned counsel further submitted that the victim was not forced to have illicit relationship with another person. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 09.02.2023 passed in Cr. Misc. No. 58165 of 2022.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran, Bettiah in connection with Ramnagar P.S. Case No. 110 of 2022, subject to conditions as

Patna High Court CR. MISC. No.77607 of 2023(2) dt.11-01-2024 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T