Gulam Raeen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21408 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== 1.

GULAM RAEEN SON OF SAMASHUL RAEEN Resident of Village - Birrakh, P.s.- Sursand, Distt.- sitamarhi.

2.

Najjam Raeen Son of Samshul Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

3.

Jahir Raeen Son of Amir Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

4.

Safik Raeen Son of Amir Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

5.

Madina Khatoon W/o sakur Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

6.

Tanjila Khatoon W/o Jahir Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

7.

Sakina Khatoon W/o Jahir Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

8.

Shahida Khatoon W/o Safik Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

9.

Saddam Raeen Sakur Raeen Resident of Village - Birrakh, P.s.- Sursand, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Patna High Court CR. MISC. No.21408 of 2021(2) dt.01-02-2022 2/3 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioners are apprehending their arrest in a case registered under Sections 363 and 366(A)/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons abducted the sister of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Petitioner Nos. 5 to 8 are ladies. On recovery, the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has stated that the victim and the co-accused Md. Kalam was in love affairs over last three years. There is no allegation of physical or sexual assault alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further

Patna High Court CR. MISC. No.21408 of 2021(2) dt.01-02-2022 3/3 this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi in connection with Sursand P.S. Case No. 168/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T