Patna High CourtCR. MISC./19753/2024bail granted

Shahjadi Khatoon v. The State Of Bihar

2024-04-16Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19753 of 2024 Arising Out of PS. Case No.-1558 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SHAHJADI KHATOON, W/O MD. MURTUJA R/O VILLAGEMAIDAPUR, P.S- AHIYAPUR, DISTT.- MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar S.K., Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 363, 366(A)/34 of the IPC.

3. The learned counsel for the petitioner submits that petitioner being mother of Md. Khushnur has been falsely implicated in the instant case by the informant who is mother of the victim.

4. It is next submitted that the victim was in love with the son of the petitioner and had eloped on 16.11.2023, when the

Patna High Court CR. MISC. No.19753 of 2024(2) dt.16-04-2024 2/3 instant FIR came to be instituted. It is next submitted that the victim on her own came back on 22.11.2023 and her statement was recorded under Section 161 Cr.P.C. by the police, wherein she did not allege anything against the accused persons including the petitioner, but when her statement was recorded under Section 164 Cr.P.C. on 22.11.2023 when she alleged that the accused persons including the petitioner were involved in the occurrence, but then does not even remotely suggests that any torture, abuse or assault was made. It is further submitted that since the victim was in love with the son of the informant, as such the petitioner being mother of Md. Khushnur came to be implicated in order coerce Md. Khushnur into submission.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur, subject to the

Patna High Court CR. MISC. No.19753 of 2024(2) dt.16-04-2024 3/3 conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T