Hanifa Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38782 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -BELSAND District- SITAMARHI ======================================================
1. Hanifa Khatoon, W/o Md. Mostkim,
2. Julekha Khatoon, W/o Md. Naseem Akhtar,
3. Tabassum Khatoon, D/o Md. Mostkim, All R/o Village- Kansar, P.S.- Belsand, District- Sitamarahi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashhar Mustafa, Advocate. For the Opposite Party/s : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Belsand P.S. Case No. No. 56 of 2017 instituted for the offence under Sections 363 and 366A/34 of the Indian Penal Code.
It is alleged in the written report that Md. Rustam, along with other accused persons including these petitioners have kidnapped 16 years old niece of the informant. The statement of the victim girl has been recorded under Section 164 Cr. P.C. wherein she has stated that she has not been kidnapped. These petitioners are mother, sister-in-law and sister of Md. Rustam.
Patna High Court Cr.Misc. No.38782 of 2017 (2) dt.28-08-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Belsand P.S. Case No. 56 of 2017, they shall be released on anticipatory 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 Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.