Mostakima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45380 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== Mostakima Khatoon W/o Mohamad Hajrat Resident of Village - Mesiha, P.S.- Riga, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Riga P.S. Case No. 84 of 2022 registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code. As per the prosecution, the informant's minor daughter was kidnapped by the accused persons and this petitioner is alleged to have been involved in the said occurrence. The main submissions advanced by the learned counsel Mr. Amarendra Kumar appearing for the petitioner are that in the FIR only suspicion has been raised against the petitioner, in fact the informant who happens to be the father of the so-called victim

Patna High Court CR. MISC. No.45380 of 2022(2) dt.29-11-2022 2/2 has solemnized two marriages and on account of ill treatment given by the step-mother to the victim, the victim herself left the house of the informant and now a good relation has been established between the informant and the petitioner and they have filed a compromise petition before the Court below vide Annexure-2 and petitioner is the wife of informant's own brother. Learned APP Mr. Binod Kumar No. 3 appearing for the State has opposed the bail prayer.

Having considered the above submissions and the facts that in the FIR only suspicion which is some kind of vague has been raised against the petitioner who has been shown in the FIR as a neighbour of the informant while as per the above submission she is a close relative of the informant and also the fact that the informant has compromised this case with this petitioner, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Riga P.S. Case No. 84 of 2022.

(Shailendra Singh, J.) sangam/- U T