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Patna High CourtCR. MISC./41290/2024bail granted

Hasna Begam @ Husanbano @ Hasnabano v. The State Of Bihar

2024-08-13Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41290 of 2024 Arising Out of PS. Case No.-489 Year-2023 Thana- BISFI (PATAUNA) District- Madhubani ====================================================== 1.

Hasna Begam @ Husanbano @ Hasnabano W/O Amir Alam Resident Of Village- Raghepura, P.S- Bisfi (PATAUNA), Distt.- Madhubani. 2.

Md. Nadim S/O Amir Alam Resident Of Village- Raghepura, P.S- Bisfi (PATAUNA), Distt.- Madhubani.

3.

Md. Ijamamul Hoda @ Md. Injmam S/O Amir Alam Resident Of VillageRaghepura, P.S- Bisfi (PATAUNA), Distt.- Madhubani. 4.

Md. Sabban @ Md. Saban S/O Amir Alam Resident Of Village- Raghepura, P.S- Bisfi (PATAUNA), Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-08-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 376, 511 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that the accused persons kept her minor daughter as domestic help, further Md. Babban, on pretext of marriage, started establishing physical relation, while Md. Nadim also

Patna High Court CR. MISC. No.41290 of 2024(2) dt.13-08-2024 2/3 touched her inappropriately, on which her daughter informed the petitioner No. 1, but she did not take any action, further Md. Babban continuously established physical relation. It is next alleged that marriage of Md. Babban was fixed, thereafter petitioner No. 1 told the victim not to disclose her relationship with Babban and she will give an amount of Rs. 1 lakh. 4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that victim and Babban were in love, further victim is a major aged about 20 years. It is also submitted that statement of the victim was recorded by Mahila Police Station wherein she accepted the fact that she was in love with Babban. It is further submitted that when relationship with Babban soured, the present false case came to instituted implicating his entire family members including his mother (Petitioner No. 1) and his brothers. It is also submitted that even the Medical Board does not confirm sexual assault. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.41290 of 2024(2) dt.13-08-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bisfi (Patauna) P.S. Case No. 489 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T