Sikandar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84741 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Sikandar Mian, Son of Fida Main, Resident of Village - Ghorasahan Birta Chauk, P.S.- Ghorasahan, Distt - East Champaran. 2.

Binod Paswan, Son of Rajendra Paswan, Resident of Village - Ghorasahan Birta Chauk, P.S.- Ghorasahan, Distt - 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.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-01-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Ghorasahan P.S. Case No. 117 of 2019 registered under Sections 363, 366A, 504 and 306/34 of the Indian Penal Code. The accusation is of kidnapping of minor daughter of the informant by the petitioners and three others named in the FIR, while she was in the way of school.

Learned counsel for the petitioners submits that the statement of victim, daughter of the informant, was recorded under Section 164 of the Cr.P.C., in which, she stated about kidnapping her by four persons, namely, Muslim Mian, Matin

Patna High Court CR. MISC. No.84741 of 2019(2) dt.10-01-2020 2/2 and both petitioners and carried her in Nepal and kept in one month, where co-accused, Muslim Mian committed rape on her and thereafter, she was carried at Delhi and Motihari but she has not stated about committing rape by both petitioners, which would appear from annexure to the petition. In fact, due to love affairs in between the victim and Muslim Mian, she moved with co-accused, Muslim Mian according to her own sweet will but with ulterior motive, both petitioners has falsely been implicated in the present case. It is further submitted that petitioners have no criminal antecedent.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on 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 S.D.J.M., Sikarhana at Dhaka, East Champaran, in connection with Ghorasahan P.S. Case No. 117 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T