Shahjahan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11754 of 2021 Arising Out of PS. Case No.-447 Year-2018 Thana- BASANTPUR District- Siwan ====================================================== 1.
SHAHJAHAN KHATOON W/o Mahboob Alam Resident of Village - Chhoti Lakadi Lahera Tola, P.s.- Basantpur, Dist.- Siwan. 2.
Ruksar Khatoon D/o Mahboob Alam Resident of Village - Chhoti Lakadi Lahera Tola, P.s.- Basantpur, Dist.- Siwan.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramchandra Sahni For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 376, 366(A), 120(B) of the Indian Penal Code and 5, 6 and 7 of POCSO Act.
Patna High Court CR. MISC. No.11754 of 2021(2) dt.21-01-2022 2/3 The prosecution allegation, in short, is that the accused persons took the victim to their house and co-accused established physical relation with her.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Both the petitioners are ladies. The petitioners have been made accused just because they happened to be relative of the co-accused who is alleged to have committed rape. Except for this, there is no other substantive evidence to suggest their implication in the present case. The main allegation of commission of rape is alleged against co-accused Ezaz Alam.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the
Patna High Court CR. MISC. No.11754 of 2021(2) dt.21-01-2022 3/3 present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 447/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T