Patasi Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43730 of 2014 Arising Out of PS.Case No. -9 Year- 2014 Thana -MAHILA P.S BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Patasi Devi Wife of Bidan Rai

2. Shahnaj Khatoon @ Shayara Khatoon Wife of Manjoor Mian Both Resident of Village- Pipardadhi, P.S.- Bagaha, Dist.- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Indra Kr. Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-04-2015 Heard learned counsel for the petitioners, the State and the informant.

The petitioners are apprehending their arrest in connection with Mahila Bagaha P.S.Case No. 09/2014 instituted for the offence under Sections 366/34 of the Indian Penal Code. It is submitted that the petitioners have falsely been implicated in this case in the present case. It is further submitted that Sahnaj Khatoon is the mother of accused Javed Alam. Learned counsel for the petitioners has drawn my attention to the impugned order in which learned Sessions Jude has noted the complicity of the petitioners has not been found to be true. However, learned counsel for the informant has

Patna High Court Cr.Misc. No.43730 of 2014 (2) dt.22-04-2015 2/2 produced a copy of statement of victim girl recorded under section 164Cr.P.C. From perusal of statement of the victim girl recorded under Section 164 Cr.P.C., I find that the names of the petitioners have already been taken by the victim girl as having taken her away to unknown destination. In her statement u/s 164 Cr.P.C. the victim girl has further stated that accused person Javed Alam, Manoj and Jaul Haque Alam have forcibly committed rape. However, considering the fact that the petitioners are lady members, let the above named petitioners, in the event of their arrest/surrender in the court below within two weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bagaha, District- West Champaran in Mahila (Bagaha) P.S.Case No. 9/2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Anjana Mishra, J) singh/- U T