Sakila Khatoon @ Shakila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42783 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

SAKILA KHATOON @ SHAKILA KHATOON Wife of Kitabuddin Hawari 2.

Rizwan Hawari @ Rizwan Son of Kitabuddin Hawari 3.

Mamta Khatoon Daughter of Kitabuddin Hawari 4.

Kitabuddin Hawari Son of Late Nabi Mian All are Residents of Village- Sheikh Toli (Manjhagarh), Police StationManjhagarh, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-07-2019 The petitioners apprehend their arrest in connection with Manjhagarh P. S. Case No. 142 of 2018 registered under Sections 366A/34 of the Indian Penal Code.

Allegation against the petitioners is that petitioner no. 2 has abducted the grand-daughter of the informant under a conspiracy with other petitioners. It has further been alleged that victim fled away with Rs. 18,000/-, ear ring and anklet along with the petitioner no. 2.

Learned counsel for the petitioners submits that there was love affair between the petitioner no. 2 and the victim girl and the girl had gone with petitioner no. 2 voluntarily on her own will and petitioner nos. 1,3 and 4 are the mother, father and

Patna High Court CR. MISC. No.42783 of 2019(2) dt.11-07-2019 2/2 sister of petitioner no. 2 and the entire family has been made accused by the informant. Learned counsel further submits that victim girl has been recovered and she has recorded her statement under Section 164 Cr.P.C. in which she has accepted that she had gone with the petitioner no. 2 on her own will and she was not abducted by the petitioner no. 2. After having heard learned counsel for the parties and taking into consideration the fact that in her statement recorded under Section 164 Cr.P.C., the victim girl has accepted that she used to talk with petitioner no. 2 on phone and had gone with him on her own will as such, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M.-Gopalganj in connection with Manjhagarh P.S.Case No. 142 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U