Juveda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3760 of 2021 Arising Out of PS. Case No.-55 Year-2020 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.

Juveda Khatoon, aged about 50 years, Gender-Female, Wife Of Mohammad Gani, Resident Of Village - Awgil Rampur (Hussaina), P.S. - Medni Chowki, District - Lakhisarai.

2.

Raushni Praveen, aged about 35 years, Gender-Female, Wife Of Md. Sonu, Resident Of Village-Awgil Rampur (Hussaina), P.S.- Medni Chowki, District - Lakhisarai.

3.

Taranum Khatoon, aged about 25 years, Gender-Female, Wife Of Md. Akhtar Resident Of Village-Awgil Rampur (Hussaina), P.S.- Medni Chowki, District-Lakhisarai.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Binay Kumar, Advocate.

For the Informant : Mr. Rajni Kant, Advocate. For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2021 Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State through Virtual mode.

The petitioners are apprehending their arrest in connection with Medni Chowki P.S. Case No. 55/2020 for the offence registered under Section 363 of the I.P.C. Later on, Sections 302 and 201 of the I.P.C. were also added.

Patna High Court CR. MISC. No.3760 of 2021(2) dt.09-08-2021 2/3 The prosecution story, in brief, is that the informant's son Sandeep Kumar was disappeared from 21.06.2020 from Sunday morning. Her son was sleeping on the roof and he had a small phone bearing number as 8873717191. Her son was named accused in Medni Chowki P.S. Case No. 05/19. He lived earlier in Home Care, Jamui and the informant freed him on bail in February, 2020. The informant searched her son but in vain. It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. They have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners are ladies. The petitioners are not named in the F.I.R.

The names of the petitioners have transpired in the present case on the basis of confessional statement of coaccused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. Neither there is any eye witnesses to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioners in the present case On behalf of the learned counsels for the State and the informant, it has been submitted that the petitioners are named in the F.I.R.

Patna High Court CR. MISC. No.3760 of 2021(2) dt.09-08-2021 3/3 Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of the learned A.C.J.M.- Ist, Lakhisarai, in connection with Medni Chowki P.S. Case No. 55/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T