IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 22588 of 2009 1 Bibi Meena Khatoon @ Meena Khatoon, wife of late Md Seraz 2 Bibi Rubi Begum @ Rubi Begum, wife of Md Reyaz 3 Bibi Gulsan Aara @ Gulsan Aara, daughter of late Md Azibur Rehman, residents of Village – Simariya, P S – Kajraila, District – Bhagalpur - Petitioners Versus State of Bihar - Opposite Party ----------- 2 21.08.2009 The 3 petitioners, who are ladies, apprehend arrest in Shahkund (Sajour) Police Station Case No 54 of 2009 instituted under Sections 363 and 366A of Indian Penal Code. It is alleged by the informant that the petitioners, alongwith others which included the son of petitioner No 1 Md Kamran, had come to the informant’s house and warned him that if he did not get his daughter Bibi Kahkashan Perween married to said Md Kamran, they would kidnap her and take her away. It is stated that the said girl is a minor and her date of birth is 15.10.1997 meaning thereby she is less than 12 years old. On the next day, it is alleged that the girl was taken away and is traceless. Petitioner No 1 is the mother of the co-accused Md Kamran, petitioner No 2 is the sister and petitioner No 3 is the aunt. It is submitted that in fact the victim girl is about 30 years old and the boy Md Kamran is about 32 years old. They were in love and have eloped and married. This is outright a false case. The girl in fact is staying with a relation of the petitioners. It is stated that Md Kamran is in custody. In view of the aforesaid facts and averments, I direct the petitioners to produce the girl Bibi Kahkashan Perween, daughter of Md Wali Hassan before the learned Chief Judicial Magistrate, Bhagalpur, 2 before whom the case is pending who would record her statement and, prima facie, assess her age. If he finds that she looks matured enough and wants to stay with her in-laws awaiting release of her alleged husband then the learned Chief Judicial Magistrate would pass appropriate orders in that respect. On the said girl being produced, the petitioners abovenamed would be enlarged on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Shahkund (Sajour) Police Station Case No 54 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)