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Patna High CourtCR. MISC./20579/2020bail granted

Safiha Khatoon @ Safiya Khatoon @ Rafeeda Khatoon @ Safida Khatoon v. The State Of Bihar

2020-10-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20579 of 2020 Arising Out of PS. Case No.-615 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Safiha Khatoon @ Safiya Khatoon @ Rafeeda Khatoon @ Safida Khatoon, Wife of Rijwan Alam Resident of Village - Ghusukpura Banswaria Ward No. 31 P.S. Bettiah Town, District- West Champaran 2.

Kajal Khatoon @ Mahejabi Bano, Wife of Afzal Ansari Resident of Village - Jamadar Tola, P.S.- Kalibagh O.P., District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey- Advocate For the Opposite Party/s :

Mr. Sanjay Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-10-2020 The defects, as pointed out by the office, be ignored. Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Bettiah Muffassil (Banuchhapar) P. S. Case No.615 of 2019 registered for the offences punishable under Sections 366 and 34 of the I.P.C.

Admittedly, the victim has already been recovered and her statement under Section 164 of the Cr.P.C. was recorded. The petitioners have annexed the certified photo stat copy of statement of the victim recorded under Section 164 of the

Patna High Court CR. MISC. No.20579 of 2020(2) dt.16-10-2020 2/2 Cr.P.C. to this petition as Annexure-2, which goes to show that the victim has not named the petitioners in her statement. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffassil (Banuchhapar) P. S. Case No.615 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T