Fuzeda Khan @ Famuza Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26856 of 2018 Arising Out of PS. Case No.-588 Year-2017 Thana- KISHANGANJ District- Kishanganj ======================================================
1. Fuzeda Khan @ Famuza Khatoon, aged about 50 years, wife of Nizamuddin @ Bizwa.
2. Afsar @ Afsar Alam, son of Samiruddin
3. Nizamuddin @ Bizwa, son of Late Md. Ishaque All resident of Village-Birwa, P.S.- Kochadhaman, District Kishanganj.
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Kishanganj P.S. Case No.588 of 2017, registered for the offence punishable under Sections 367 and 368 of the Indian Penal Code.
Allegation has been made that the informant had gone along with her daughter, namely, Nurdana Begum for the purposes of taking steps in the case before Court below, which was filed against by her daughter against her ex-husband, namely, Firoj Alam. While they were return, at the diversion near Lahara Chowk, Firoj Alam, intercepted and forcibly took
Patna High Court Cr.Misc. No.26856 of 2018(2) dt.04-05-2018 2/3 away her daughter.
The statement of the victim recorded under Section 164 of the Cr.P.C. corroborated the statement made in the F.I.R. In her statement, the victim stated that Firoj Alam has taken her to the house of his second wife, where they have assaulted and asked her to put the signature on the doucment. Learned counsel for the petitioners submits that the petitioner nos. 1 and 2 are the mother and father of second wife of Firoj Alam, namely, Pooja Rani @ Aisha Khan. As the petitioner nos.1 and 2 are the parents of the second wife of Firoj Alam and no allegation has been attributed against petitioner no.3, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case no.588 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.26856 of 2018(2) dt.04-05-2018 3/3 investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) pawan/- U