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Patna High CourtCR. MISC./8165/2019bail granted

Bibi Fuliya @ Bibi Sahila @ Bibi Sahila Khatoon @ Bibi Fuhiya And ANR v. The State Of Bihar

2019-04-05Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8165 of 2019 Arising Out of PS. Case No.-474 Year-2018 Thana- AMARPUR District- Banka ====================================================== 1.

Bibi Fuliya @ Bibi Sahila @ Bibi Sahila Khatoon @ Bibi Fuhiya, (Female) aged about 45 years, wife of Md. Nezam, Resident of Village-Makardih, Terah Mile,P.S-Rajoun District- Banka 2.

Md. Riyaz (male), aged about 36 years, son of Md. Jalil, Resident of Village- Puraini, P.S.- Jagdishpur, District- Bhagalpur. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-04-2019 Heard Sri Brij Nandan Prasad, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners; (i) petitioner no. 1 is mother of Md. Kasim with whom, it was alleged that daughter of the informant had fled away and (ii) petitioner no. 2 is friend of son of petitioner no. 1, have approached this Court for grant of anticipatory bail in Amarpur P.S. Case No. 474 of 2018 registered for the offence under Sections 366(A), 504, 506/34 of the Indian Penal Code.

It was submitted by learned counsel for the petitioners that the daughter of the informant has voluntarily solemnized marriage with the son of petitioner no. 1. During investigation,

Patna High Court CR. MISC. No.8165 of 2019(3) dt.05-04-2019 2/2 statement of the victim under Section 164 of the Code of Criminal Procedure was recorded, in which she has not supported the prosecution case.

In view of facts and circumstances, there is no reason to refuse the prayer for grant of anticipatory bail. Accordingly, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid two petitioners, namely, 1. Bibi Fuliya @ Bibi Sahila @ Bibi Sahila Khatoon @ Bibi Fuhiya, 2. Md. Riyaz be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 474 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J.) nawalkrs/- U T