Raisa Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33086 of 2018 Arising Out of PS.Case No. -214 Year- 2017 Thana -AURANGABAD TOWN District- AURANGABAD ===================================== Raisa Khatoon, W/o Md. Jahir @ Jahir Alam, R/o Mohalla Sahganj, P.S. Aurangabad (Town), District Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. For the Opposite Party/s : Mr. Shailendra Kumar -2, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-07-2018 The petitioner seeks bail in anticipation of her arrest in connection with Aurangabad (T) P.S. Case No. 214 of 2017, dated 02.07.2017, instituted for the offences punishable under Sections 363, 365 and 367/34 of the Indian Penal Code.

The daughter of the informant was asked by one Nargis Begum to accompany her to market. Later, the daughter of the informant never returned. When aforesaid Nargis Begum was questioned, she did not give any definite answer. After some days of the occurrence, one Md. Aftab, a

Patna High Court Cr.Misc. No.33086 of 2018 (3) dt.19-07-2018 2/3 neighbour of the informant, disclosed that he had seen the victim in the market along with the petitioner and others. The day when he had seen her was the day of festivity because of Eid. The petitioner was found eating goodies at a stall along with the victim girl and aforesaid Nargis Begum. During the course of investigation, one of the sisters of the victim has also stated that Nargis Begum was a tenant in the house of the petitioner and the victim girl had very close association with aforesaid Nargis Begum.

Investigation papers further reveal that earlier also, at the instance of Nargis Begum, the victim girl had run away from the house but was impressed upon to come back home. It has, thus, been argued on behalf of the petitioner that even if she was seen along with the victim girl and aforesaid Nargis Begum, at one point of time, in the market on the day of Eid, that cannot be the basis for coming to the conclusion that the petitioner had her hand in kidnapping of the victim girl.

The petitioner does not have any criminal antecedent.

Regard being had to the gender of the petitioner and practically no material against her, she is directed to be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks

Patna High Court Cr.Misc. No.33086 of 2018 (3) dt.19-07-2018 3/3 from today, on her furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (T) P.S. Case No. 214 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T