Safina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14328 of 2022 Arising Out of PS. Case No.-30 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== 1.
SAFINA KHATOON Wife of Nabi Hasan Quraishi 2.
Nabi Husan Quraishi Son of Gaffar Quraishi 3.
Safdar Ali @ Bhutari Son of Tafjul Sheikh All R/o Village - Mobarkpur, P.S. - Sonbarsa, District - Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Learned counsel for the petitioners is permitted to make rectification in the cause title of petitioner no. 1 within a period of one week from today.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 365, 504 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a female.
Patna High Court CR. MISC. No.14328 of 2022(2) dt.16-09-2022 2/3 The informant alleges that on 11.02.2021, when his 10 years old son came home from the market, he informed the informant that petitioner no. 3 had threatened to kidnap him as earlier he had abducted the wife of the informant and told the informant to compromise the case previously lodged. On 13.02.2021, at 06:00 a.m., the wife of the informant was not found on the bed, accordingly, the informant on suspicion instituted the FIR against the four accused persons including the petitioners of having forcefully abducted his wife. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case and the allegation against the petitioners is general and omnibus in nature and the informant is not an eyewitness to the occurrence. The entire allegation hinges around suspicion and the police after investigation submitted final form in favour of the petitioners as has been pleaded in para 7 of the anticipatory bail application.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.14328 of 2022(2) dt.16-09-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonbarsa P.S. Case No. 30 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T