Yasmin @ Bibi Yasmin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61669 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana -MAHILA P.S. District- BANKA ======================================================

1. Yasmin @ Bibi Yasmin, W/o Raushan,

2. Md. Mokim @ Md. Mokim Ansari,

3. Md. Sokim, Both sons of Md. Alam, All are R/o Vill.- Dumrama, P.S.- Amarpur, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Banka (Mahila) P.S. Case No. 33 of 2018 registered for the offences punishable under Sections 354(B)/341/323/504/506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner no. 1 Yasmin is the wife of one Raushan who alleged to be in the house while the main accused Md. Mister was trying to commit rape on the victim girl, namely, Aashiqui. It is further submitted that the said Yasmin is a pregnant women and has been falsely named in this case, and in view of her condition she is not in a position to resist any act of violence if, at all, the allegation as made out

Patna High Court Cr.Misc. No.61669 of 2018 (2) dt.08-10-2018 2/2 against the said Md. Mister is true. It is next submitted that so far as the petitioners No. 2 and 3 are concerned, the only allegation against them is that they are the maternal uncle of the said Md. Mister. It is alleged that they had abused the informant when they were accosted with the allegation of such an offence on the part of their nephew. Learned counsel for the petitioners submits that except the aforementioned allegations, the petitioners have had no role to play and they are not having any criminal antecedent. Considering the aforementioned facts and circumstances, let the petitioners No.

1, 2 and 3 in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Addl. Sessions Judge-I, Banka, in connection with Banka (Mahila) P.S. Case No. 33 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.