Sazan Khatoon @ Shahjahan Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21514 of 2020 Arising Out of PS. Case No.-93 Year-2020 Thana- GORAUL District- Vaishali ====================================================== SAZAN KHATOON @ SHAHJAHAN KHATOON D/o Late Md. Ahmad Resident of Village- Kaila Kala, P.S.- Goraul, Distt- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-09-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Goraul P.S. Case No. 93 of 2020 for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code and Section 8/10 of the POCSO Act.
The petitioner is daughter of Md. Sahmad. Md. Sahmad, his wife and his three sons have also been made accused. Altogether nine persons, who apparently belong to the same family, including female members have been named in the F.I.R. with the allegation that informant's daughter was found missing since 28.02.2020, after she had gone to her college. The
Patna High Court CR. MISC. No.21514 of 2020(4) dt.25-09-2020 2/3 informant filed an F.I.R. on 08.03.2020 with the allegation that she learnt that persons named in the F.I.R. were involved in kidnapping of her daughter for illegal purpose. I have carefully perused the case diary. Except for the suspicion of the informant, there is no material to connect these petitioners with the alleged disappearance of the informant's daughter. There is no specific overt act alleged against this petitioner nor there is any such material available in the case diary.
Considering the facts and circumstances, as noted above, this application is allowed.
Let the petitioner above named, in the event of her arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st-cumSpecial Court, Vaishali at Hajipur in connection with Goraul P.S. Case No. 93 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to
Patna High Court CR. MISC. No.21514 of 2020(4) dt.25-09-2020 3/3 appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.
AKASH/- (Chakradhari Sharan Singh, J) U T