Soni Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6714 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

Soni Khatoon wife of Mumtaj Ali @ Mumtaj Miyan 2.

Mumtaj Ali @ Mumtaj Miyan son of Late Tarsu Miyan Both residents of Village and P.O. Reotith, P.S. Baikunthpur, District Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Rai For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2019 This is an application for grant of anticipatory bail in connection with Baikunthpur P.S. Case No. 164 of 2018, disclosing offences under Sections 363 and 366(A) of the Indian Penal Code.

Allegation against the petitioners is of enticing the daughter of the informant and marrying with Jaggu Miyan and it further appears that the girl has also supported the same in her statement recorded under Section 164 Cr.P.C.

Submission of learned counsel for the petitioners is that as a matter of fact due to enmity they have falsely been implicated in this case and earlier in 2009 they have lodged a case bearing Baikunthpur P.S. Case No.84 of 2009 against the

Patna High Court CR. MISC. No.6714 of 2019(3) dt.05-04-2019 2/2 uncle of the informant and others and petitioner no.2 has also filed a petition before the S.P., Gopalganj in that concern and the petitioners have no criminal antecedents.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Gopalganj, in connection with Baikunthpur P.S. Case No. 164 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T