Salma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2284 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Salma Khatoon, Wife of Late Munna Mansoori, Resident of VillageBhagwanpur, Piprahi, P.S. Riga, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Sufiyan(App 107) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.

The prosecution case as per the written report of Nasira Khatoon submitted to S.H.O., Riga Police Station is to the effect that on 29.07.2018, the daughter of the informant, Sajan Khatoon and sister Chandani Khatoon went outside the house to ease, but they did not return, on search being made, it was found that they were being enticed away by co-accused Md. Rahis and

Patna High Court Cr.Misc. No.2284 of 2019(2) dt.05-02-2019 2/3 Md. Faiyaj with two another persons on motorcycle. When the informant went to the house of the accused persons to enquire about the victim girls then the petitioner along with his family members abused the informant.

It is submitted by learned counsel for the petitioner that the thrust of accusation is against the co-accused Md. Rahis and Md. Faiyaj and there is no specific accusation against the petitioner. It is further submitted that the son of the petitioner, Md. Rahis, who is co-accused is also traceless since the time of occurrence.

It is submitted by learned APP for the State that the petitioner is named in the FIR and when the informant went to the house of the petitioner to enquire about the victim girls, the petitioner along with his family members abused the informant. Considering the fact that thrust of accusation is against the co-accused Md. Rahis and Md. Faiyaj as the accusation of kidnapping is specific against them, coupled with the fact that the petitioner is an old widowed lady, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.2284 of 2019(2) dt.05-02-2019 3/3 each to the satisfaction of the learned JM-Ist Class, Sitamarhi in connection with Riga P.S. Case No.236 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T