Bibi Noor Jahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29012 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -SANOKHAR District- BHAGALPUR ======================================================

1. Bibi Noor Jahan Wife of Khurshid, Resident of Village - Amdanda, P.S. Amdanda, District - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Sanokhar (Amdanda) P.S. Case No. 27 of 2015 registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Petitioner happens to be mother of co-accused, Imran Khan against whom there is allegation that he took the victim. Moreover, the statement of victim has been recorded under Section 164 of the Cr.P.C. and she stated in her statement that this petitioner and one Bibi Kari stopped her and thereafter she was taken away by the other co-accused.

Learned counsel for the petitioner submits that as a

Patna High Court Cr.Misc. No.29012 of 2015 (2) dt.28-07-2015 2/2 matter of fact, the father of the victim wanted to get the marriage of victim solemnized with the petitioner's son and prior to institution of the present case, the father of the victim had given threatening to the husband of the petitioner who had filed informatory petition in the court of Chief Judicial Magistrate, Bhagalpur. It is further contended by him that moreover, the victim was not recovered by the police rather she came before the court along with her father who tutored her and thereafter, her statement under Section 164 of the Cr.P.C.

was recorded Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within four 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) with two sureties of the like amount each to the satisfaction of Sri A.R. Upadhayay, Judicial Magistrate, Bhagalpur in Sanokhar (Amdanda) P.S. Case No. 27 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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