Sheikh Jamir Ahamad @ Jamir Ahmad @ Jamir Ahmad Shaikh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78311 of 2018 Arising Out of PS. Case No.-573 Year-2018 Thana- TURKAULIYA District- East Champaran ======================================================

1. Sheikh Jamir Ahamad @ Jamir Ahmad @ Jamir Ahmad Shaikh S/o Late SK. Munif

2. Munni Khatoon W/o Sheikh Jamir Ahamad @ Jamir Ahmad @ Jamir Ahmad Shaikh Both are Resident of Village-Siswaniya,P.S.Banjaria,Distt.-East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 Petitioners apprehend their arrest in connection with Turkaulia P.S.Case No. 573 of 2018 registered for the offences punishable under Sections 406, 420, 313, 376 and 493/34 of the Indian Penal Code.

Allegation against the petitioners is that they have taken Rs.50,000/- from mother of victim girl and they have promised to marry her daughter with their son and son of petitioners made physical relationship with her, due to which she became pregnant and they refused to marry her.

Submission of learned counsel for the petitioners is that allegation of rape even in FIR is to be believed, the same is against son of the petitioners and the whole allegation is false and concocted as she married with another person and thereafter with a view to

Patna High Court Cr.Misc. No.78311 of 2018(2) dt.08-01-2019 2/2 create pressure upon the petitioners the present case has been filed. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioners, above named, in the event of arrest or surrender within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, in connection with Turkiaulia P.S.Case No. 573 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioners shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioners have to co-operate in investigation, otherwise their bail bonds shall be cancelled. (Vinod Kumar Sinha, J) spal/- U T