Wasima v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2397 of 2018 Arising Out of PS.Case No. -444 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Wasima, wife of Anwarul Haque, resident of Village- Kujri, Police Station- Palasi, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Araria P.S. Case No. 444 of 2017 instituted for the offence under Sections-363, 366A/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the victim girl in her statement u/S 164 Cr.P.C. has levelled specific allegation against co-accused Wasique Sam.

In the written report also, there is allegation against coaccused Wasique Sam of kidnapping the daughter of the informant with other accused persons. The petitioner is mother of co-accused Wasique Sam. There is no allegation of specific overt act against the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.2397 of 2018 (2) dt.17-01-2018 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Araria P.S. Case No. 444 of 2017 to the satisfaction of Additional District & Sessions Judge-Ist-cum-Special Judge (POCSO) Act, Araria subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T