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Patna High CourtCR. MISC./23552/2023bail granted

Firoza @ Farhat Jahan v. The State Of Bihar

2023-06-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23552 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

FIROZA @ FARHAT JAHAN D/o MOHAMMAD AZHAR ALIAS SONA KHAN Resident of Opp.Purani Masjid Raja Bazar B.V College Ps- Shastri Nagar Dist- Patna 2.

Shahjahan Khatoon Wife of Mohammad Azhar Imam @ Sona Khan Resident of Opp.Purani Masjid Raja Bazar B.V College Ps- Shastri Nagar Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 342, 323, 354, 354-A, 504, 506/34 of the Indian Penal Code and later on, Section 376 & 493 of the I.P.C. was added.

As per the prosecution case, co-accused Danish established physical relation with the informant on the pretext of marriage. It is further alleged that on 03.02.2022, when the informant was returning from Samanpura, co-accused Danish and his three friends kidnapped her and kept her in his house and thereafter, these petitioners & other co-accused persons abused and assaulted the informant.

Patna High Court CR. MISC. No.23552 of 2023(2) dt.27-06-2023 2/2 It is submitted on behalf of petitioners that petitioner no. 1 is sister and petitioner no. 2 is mother of co-accused Danish. In fact, co-accused Danish and informant were in love affairs. Specific allegation of kidnapping and sexual assault is against co-accused Danish. These petitioners are only alleged to have abused and assaulted the informant. Petitioners are ladies and have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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 A.C.J.M. - IX, Patna in connection with Shastri Nagar P.S. Case No. 61 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T