Sabana Khatun @ Shabana Khatoon @ Sabanu Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39070 of 2021 Arising Out of PS. Case No.-288 Year-2019 Thana- BARARI District- Katihar ====================================================== 1.
SABANA KHATUN @ SHABANA KHATOON @ SABANU KHATUN Daughter of Abdul Salam @ Abdus Salam Resident of Village- Marghia Nicha Tola, P.S.- Barari, District- Katihar.
2.
Tajkera Khatun @ Tajkera Khatoon @ Tajkira Begam ABDUL SALAM ALIAS ABDUS SALAM Resident of Village- Marghia Nicha Tola, P.S.- Barari, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar, Advocate For the Opposite Party/s :
Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.
The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 376, 354, 504, 506, 120(B)/34 of the Indian Penal Code and 4 of POCSO Act.
The prosecution allegation, in short, is that both the petitioners took victim to field where co-accused committed rape upon her.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of
Patna High Court CR. MISC. No.39070 of 2021(2) dt.04-04-2022 2/2 tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As per the allegation, co-accused namely Taufiq Alam is said to have committed rape upon the victim. The petitioners are ladies. They have been made accused in the present case for oblique reasons. The prosecution has not even disclosed the date of occurrence in the F.I.R. which casts doubt on the prosecution.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Barari P.S. Case No. 288/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T