Sahjahan Khatun @ Sajahan Khatun @ Khatri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15570 of 2018 Arising Out of PS.Case No. -332 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Sahjahan Khatun @ Sajahan Khatun @ Khatri, Wife of Md. Jasim, Resident of Village- Madhopur, P.S.- Chhatapur, District- Supau. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Yadav, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Chhatapur P.S. Case No. 332 of 2016 instituted for the offence under Sections 365, 366(A) and 120(B) of the Indian Penal Code. Learned counsel for the petitioner has submitted that although the name of this petitioner has been mentioned in the written report but the victim girl in her statement recorded under Section 164 Cr. P.C. has not taken the name of this petitioner. Petitioner is lady. Xerox copy of the statement of victim girl recorded under Section 164 Cr. P.C. has been enclosed as Annexure-2 wherein she has not taken the name of this petitioner. The victim girl has levelled specific allegation in the statement under Section 164 Cr. P.C. against co-accused Nasrul,
Patna High Court Cr.Misc. No.15570 of 2018 (3) dt.26-04-2018 2/2 Ejaj, Majahil and Shahabuddin of taking her to Delhi and keeping her for four days. They all committed illegal act with her. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Chhatapur P.S. Case No. 332 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T