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Patna High CourtCR. MISC./58452/2018bail granted

Sahjadi Khatoon @ Sahjeeda Khatoon And ANR v. The State Of Bihar

2018-12-17Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58452 of 2018 Arising Out of PS. Case No.-79 Year-2018 Thana- BANMANKHI District- Purnia ======================================================

1. Sahjadi Khatoon @ Sahjeeda Khatoon, W/o Md. Sattar,

2. Sakina Khatoon D/o Md. Kari Mian, Both R/o Vill.- Rahmat Nagar Ward No. 2 BAnmankhi Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Banmankhi P.S. Case No. 79 of 2018 dated 01.05.2018 instituted under Sections 363, 366-A/34 of the Indian Penal Code.

3. The allegation against the petitioners, who are the mother and paternal aunt of main accused Md. Arif, is that they were also party to the abduction of the minor niece of the informant.

4. Learned counsel for the petitioners submitted that it is a case of love affairs where the girl, who is a major, had herself gone to Delhi and further that there was no wrong doing or complicity of the petitioners in the entire episode. It was submitted that the girl had herself returned to her home and had also recoded her statement under Section 164 of the Code of Criminal

Patna High Court Cr.Misc. No.58452 of 2018 dt.17-12-2018 2/2 Procedure, 1973. It was submitted that in the same, she has categorically stated that she had gone to Delhi to her maternal aunt's place without informing her parents and where she became ill and could not inform her parents due to which in haste the case was lodged.

5. Learned A.P.P. very fairly submitted that in view of the statement of the girl before the Court in which she has disclosed her age as 20 years does not show any complicity of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of t he learned Additional Chief Judicial Magistrate, Ist, Purnea in connection with Banmankhi P.S. Case No.79 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Ahsanuddin Amanullah, J) Nasimul/- AFR/NAFR CAV DATE Uploading Date 18-12-2018 Transmission Date 18-12-2018