Khusboo Begum @ Khushboo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41525 of 2016 Arising Out of PS.Case No. -17 Year- 2015 Thana -PAHARKATTA District- KISANGANJ ======================================================
1. Khusboo Begum @ Khushboo, Daughter of Najruddin Resident of Village- Panasi, Police Station- Paharkatta, DistrictKishanganj.
2. Sabnoor Begum @ Sabnoor, Dughter of Tamizuddin
3. Nilam Begum @ Nilam Khatoon, Daughter of Tamizuddin Both Resident of Village- Nehalpur, Police Station- Islampur, DistrictUttar Dinajpur (W. Bengal). .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Md. Hussain, Advocate For the Opposite Party : Mr. Mritunjay Kumar Nirala(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners are apprehending their arrest in connection with Paharkatta P.S. Case No. 17 of 2015 registered for the offences punishable under Sections 363, 365 and 366A/34 of the Indian Penal Code.
The FIR in the present has been lodged on 04.12.2015 in which the petitioners have been named an accused persons, namely, Khusboo Begum, Sabnoor Begum and Nilam Begum, the date of occurrence is stated to be 25.11.2015. However, in the statement made in court under Section 164 of the Cr.P.C the
Patna High Court Cr.Misc. No.41525 of 2016 (2) dt.18-10-2016 2/2 victim girl gives the date of occurrence as 28.12.2015 with an altogether different story.
Considering the glaring discrepancy in the prosecution version and the statement made under Section 164 of the Cr.P.C, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged 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 Chief Judicial Magistrate, Kishanganj in connection with Paharkatta P.S. Case No. 17 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T