Khusbun Nesha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39477 of 2025 Arising Out of PS. Case No.-317 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Khusbun Nesha W/O Samsuddin Miya R/O Village- Bathua, Dharamparsa, P.S.- Manjhagarh, District- Gopalganj, Bihar. 2.

Soni Khatoon @ Soniya Khatoon D/O Samsuddin Miya R/O VillageBathua, Dharamparsa, P.S.- Manjhagarh, District- Gopalganj, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Indrajeet Bhushan, Advocate For the State :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.

3. As per prosecution case, these two petitioners, along with other F.I.R. named accused persons, kidnapped daughter of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, during course of

Patna High Court CR. MISC. No.39477 of 2025(3) dt.11-08-2025 2/3 investigation, the victim was recovered and her statement was recorded under Section 164 of the Cr.P.C. wherein she has denied the factum of kidnapping and has categorically stated that after being scolded by her father, she left her house out of her own sweet will and went to Gujrat. The victim, in her statement recorded under Section 164 of the Cr.P.C., has not named these two petitioners. Petitioners are ladies and claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, statement of victim recorded under Section 164 of the Cr.P.C. and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Gopalganj in connection with Manjhagarh P.S. Case No. 317 of 2022, subject to condition as laid down under Section 482(2) of

Patna High Court CR. MISC. No.39477 of 2025(3) dt.11-08-2025 3/3 the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T