Hamira Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30669 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.

Hamira Khatoon, D/O Manzar Alam R/O Village- Khiriyawan, P.SMadanpur, Distt.- Aurangabad(Bihar). 2.

Noor Sabba @ Noor Safa, D/O Safiruddin R/O Village- Khiriyawan, P.SMadanpur, Distt.- Aurangabad(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-05-2024

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 420 and 120(B) of the Indian Penal Code and Section 10 of the Bihar conduct of Examination Act, 1981.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are women and have been falsely implicated in the instant case by the informant with an allegation that on 30.01.2024 in the examination of Moulvi Arts another girl appeared in the examination for Roll No. AUR-A 0019 and AUR-A-00 35 at the

Patna High Court CR. MISC. No.30669 of 2024(2) dt.16-05-2024 2/3 Centre Kishori Sinha High School, Aurangabad.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is next submitted that they are students and they had appeared in the examination and also had the original copy of the admit card and there is nothing on record to suggest that impersonator, who had appeared in the examination, were caught writing any paper. It is further submitted that in the event, if petitioners are sent to judicial custody their entire career would be jeopardized and chances are bright that they may come in contact with hardened women criminals.

5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P. S. Case No.78 of 2024, subject to the conditions laid down

Patna High Court CR. MISC. No.30669 of 2024(2) dt.16-05-2024 3/3 under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T