Gulshan Ara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6603 of 2017 Arising Out of PS.Case No. -602 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Gulshan Ara Wife of Md. Imteyaz Resident of Village- Gaira, Police Station- Araria, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari, Adv. For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2017 Heard both sides.

The petitioner apprehends his arrest in Araria P.S. Case No. 602/2015, registered for the offences punishable under Sections 364, 365 and 34 of the Indian Penal Code. The informant alleged that his brother Brij Bihari Sahni had gone to Araria for some work in court, but while he was returning he was kidnapped by unknown persons. It is further alleged that the petitioner, husband and other family members were running for the life of his brother only because his brother instituted a case against the petitioner former Mukhia of the gram panchayat.

Learned counsel for the petitioner submits that Md. Imteyaz and Sonu have been granted anticipatory bail vide order

Patna High Court Cr.Misc. No.6603 of 2017 (5) dt.23-03-2017 2/2 dated 01.02.2016 passed in Cr. Misc. 4429/2016. The victim returned on the same day from the captivity of the absconder and he made statement under Section 161 and 164 Cr. P.C. The only allegation made against the petitioner by the victim is that a vehicle was parked near the house of the petitioner and that is why he suspected that at the instance of the petitioner and his family members he was kidnapped, but on the same and similar allegation the husband Md. Imteyaz, and Sonu the son of the petitioner have already been granted anticipatory bail.

Considering the facts aforesaid and the fact that the case of the petitioner stands on the same footing as that of her husband and son who have already granted anticipatory bail and petitioner is a lady, the petitioner above-named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 602/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T