Shamima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30117 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- SIKTA District- West Champaran ====================================================== 1.

Shamima Khatoon Wife of Md. Heyat Resident of Village - Bhawanipur, P.S.- Sikta, District - West Champaran.

2.

Dilafsha Khatoon Daughter of Md. Heyat Resident of Village - Bhawanipur, P.S.- Sikta, District - West Champaran.

3.

Maimun Nesha Wife of Alamgir Alam Resident of Village - Bhawanipur, P.S.- Sikta, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 342, 323, 365, 366-A and 506/34 of the Indian Penal Code and Sections 3/ 4 of the Protection of Children from Sexual Offences Act. Allegedly, it is a case of abduction of the minor daughter of the informant by the accused persons along with the petitioners.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.30117 of 2022(2) dt.18-10-2022 2/2 further submits that although the petitioners are named in the FIR but the victim has not specifically asserted about the complicity of these petitioners in this case and specific allegation of taken away to the victim is against co-accused Dilkhush and Dilbahar. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four 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 Additional Sessions Judge-VII-cum-Special Judge, under POCSO Act, West Champaran at Bettiah in connection with Sikta P.S. Case No. 114 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T