Rukhsana Khatoon @ Ruksana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6416 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== Rukhsana Khatoon @ Ruksana Daughter of Gul Mohamad R/o villageDehuta, Belwa ward no.-2, P.S- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kishanganj P.S. Case N0. 215 of 2018, disclosing offences under Section 363 of the Indian Penal Code and later on Sections 366 and 376 of the IPC were added.

On perusal of the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, it seems that the main allegation is against co-accused Md. Abid and Hasad Alam. The petitioner is said to have given the victim Chocolate containing some kind of intoxicant which was used to facilitate her kidnapping. Learned counsel for the petitioner has submitted that the allegation which has been made in the statement recorded under Section 164 of the Code of Criminal Procedure is highly improbable. At least to the extent the

Patna High Court Cr.Misc. No.6416 of 2019(3) dt.06-02-2019 2/2 same relates to this petitioner.

Considering the above, this application is allowed. Let the petitioner above named in the event of her arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in Kishanganj P.S. Case No. 215 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U