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Patna High CourtCR. MISC./6121/2022bail granted

Rojida Khatoon v. The State Of Bihar

2022-08-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6121 of 2022 Arising Out of PS. Case No.-444 Year-2021 Thana- BHORE District- Gopalganj ====================================================== 1.

ROJIDA KHATOON Wife of Late- Salim Miya Resident of Village - Kalyanpur, P.S. - Bhore, District - Gopalganj. 2.

AFSANA KHATOON Daughter of Late - Salim Miya Resident of Village - Kalyanpur, P.S. - Bhore, District - Gopalganj. 3.

AZAD BAITHA Son of Nazam Baitha Resident of Village - Bathua, P.S. - Fulwaria, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bhore P.S. Case no. 444 of 2021 instituted for the offence punishable under Sections 323, 420, 406, 376, 120B/34 of the Indian Penal Code.

As per allegation in the FIR, son of petitioner no. 1 had established physical relation with the complainant on the pretext of marriage to which he later on denied. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.6121 of 2022(3) dt.23-08-2022 2/2 has submitted that petitioner is innocent and has committed no offence. Complainant is a major lady of 22 years and is relative of the petitioners. Informant was in love with the son of petitioner no. 1 and only with a view to put pressure of marriage, parents of main accused have also been made accused.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bhore P.S. Case no. 444 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U