Noor Mohammad Miya @ Noor Mohammad Ansari @ Noor Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77764 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== 1.

NOOR MOHAMMAD MIYA @ NOOR MOHAMMAD ANSARI @ NOOR MOHAMMAD Son of Late Dukhi Miya Resident of VillageSarotar, P.S.- Dumaniyaghat, District- East Champaran 2.

Jalil Miya Son of Late Ali Jaan Miya Resident of Village- Chadrahiya Tola Serha, P.S.- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363, 366(A), 34 of the Indian Penal Code.

The accusation is of enticing away of Atima Kumari, minor daughter of the informant, by Noor Mohammad and Sraajuddin Ansari with the help of two others named in the FIR including the petitioners.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that while the petitioners are named in the F.I.R. but no specific overt act has been attributed

Patna High Court CR. MISC. No.77764 of 2019(2) dt.29-11-2019 2/2 against the petitioners. He submits that similarly situated coaccused has been granted the bail by a coordinate Bench of this Court in Cr. Misc. No. 58300 of 2019 on 18.09.2019. He further submits that petitioners have no criminal antecedent. In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Harsidhi Police Station Case No. 67 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T