Fazula Khatoon @ Faizulla Khatoon @ Farzana Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24224 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.
Fazula Khatoon @ Faizulla Khatoon @ Farzana Khatoon Wife Of Sheikh Bhot Resident Of Village - Chanaki Chamuwa, P.S.- Shikarpur, District - West Champaran.
2.
Jawrej Alam Son Of Sheikh Bhot Resident Of Village - Chanaki Chamuwa, P.S.- Shikarpur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25023 of 2022 Arising Out of PS. Case No.-66 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Sheikh Bhot S/O Late Sheikh Yasin Resident Of Village- Chanaki Chamuwa, P.S.- Shikarpur, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 24224 of 2022) For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Nagendra Prasad (In CRIMINAL MISCELLANEOUS No. 25023 of 2022) For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections
Patna High Court CR. MISC. No.24224 of 2022(3) dt.17-11-2022 2/3 363, 366(A)/34 of the Indian Penal Code and Section 8/12 of the Protection of Children From Sexual Offences Act. The prosecution case in nutshell is that the sister of informant did not return after examination. After 13 days informant got secret information that petitioners along with other co-accused persons have taken away the sister of informant for solemnization of marriage.
It is submitted by learned counsel for the petitioners that petitioners are innocent. The main allegation of abduction for marriage is against co-accused Tabrej Alam. It is also submitted that petitioners have falsely been implicated in this case because they are relatives of the main accused, namely, Tabrej Alam. The victim has recorded her statement under section 164 of Cr.P.C and stated about the complicity of co-accused Tabrez Alam, who has taken her to his house and pressurized her for solemnization of marriage. The victim has not whispered about the complicity of the petitioners in her statement. It is also submitted that there is no specific allegation against the petitioners.
Learned A.P.P. appearing on behalf of State has
Patna High Court CR. MISC. No.24224 of 2022(3) dt.17-11-2022 3/3 vehemently opposed the prayer of petitioners. In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned VIIth Additional Sessions Judge-cum-the Special Judge, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 66 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T