Husne Tara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9914 of 2019 Arising Out of PS. Case No.-31 Year-2014 Thana- MAHILA PS District- Gopalganj ====================================================== Husne Tara Khatoon Wife of Maqubool Resident of Village- Deoria Tola Takeya, P.S.- Kateya, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 376/34 of the Indian Penal Code. The prosecution case, in brief, is that while the informant had gone to her auntie house, one Barkat Ali caught her hand and tried to take her behind his house. The informant made protest but on threat of life, he committed rape with her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The police after investigation, submitted final form against the petitioner. The final form submitted by the police is Annexure-2

Patna High Court Cr.Misc. No.9914 of 2019(2) dt.19-02-2019 2/2 to the present application. The other co-accused namely Barkat Ali has been granted regular bail by a coordinate bench of this court vide order dated 22-06-2017 passed in Cr. Misc. No. 19079 of 2017.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Gopalganj (Mahila) P.S. Case No. 31 of 2014 in connection with learned Additional District Judge-I, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T