Madina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9449 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -JOGBANI District- ARRARIA ======================================================

1. Madina Khatoon wife of Zabbar, Resident of Village- Ahmadpur, Ward No. 17, P.S.- Jogbani, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Amrendra Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is in judicial custody since 20.12.2015 in connection with Jogbani P.S.Case No. 111/2015 for offences alleged under Sections 366A of the Indian Penal Code. The prosecution case is that one Ram Narayan Sah lodged a written report before the S.H.O.,Jogbani P.S. that on 17.12.2015 at about 9 A.M., Laxmi Kumari, aged about 14 years, a student of class 10th went out to go to school where Md. Chand with the help of mother, sister and brother Mangan, Guddu and friend Md. Anwar, Vikash Mandal and Santosh Yadav kidnapped her.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.9449 of 2016 (2) dt.01-03-2016 2/3 the petitioner that petitioner is aged about 60 years old and there is no criminal history.

It has further been submitted that the victim girl in her statement under Section 164 Cr.P.C. has not spoken about the involvement of the petitioner in the said offence. However, learned A.P.P, submits that the petitioner is mother of Md. Chand, one of the co-accused and opposes the prayer for bail. Considering the facts and circumstances, the petitioner, Madina Khatoon is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Araria in connection with Jogbani P.S.Case No. 111/2015 with following conditions :- I) One of the bailors will be the close relative of the petitioner.

II) The petitioner will not indulge in similar or in any other offence.

III) The petitioner will be well represented in the Court.

IV) In case of absence for two consecutive dates or in violation of the terms of the bail, her bail

Patna High Court Cr.Misc. No.9449 of 2016 (2) dt.01-03-2016 3/3 bond will be liable to be cancelled by the Court concerned.

(Nilu Agrawal, J) Sudha/- U T