Wajda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3903 of 2015 Arising Out of PS.Case No. -183 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== Wajda Khatoon, W/o Anwar Hussain, R/o village- Davrampur, P.S.- Sherghati, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai, Advocate For the Opposite Party/s : Mr. Asha Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Section 376 of the Indian Penal Code.

It is alleged that the son of the petitioner Shadab Alam came to the house of the informant and gave her two Ladoo to eat, thereafter she got intoxicated when Shadab Alam ravished her and continued with physical relationship. Thereafter the informant gave birth to a child. It is alleged against the petitioner that she failed to give accommodation in her house to the informant and she gave threatening to the informant.

It is submitted by the learned counsel for the petitioner that the thrust of the accusation is against the son of the petitioner and not against the petitioner. Statement has

Patna High Court Cr.Misc. No.3903 of 2015 (2) dt.29-01-2015 been made in para-3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of her arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Sherghati P.S. Case No. 183 of 2014, G.R. No. 864 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T