Bibi Farida @ Farida Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44775 of 2019 Arising Out of PS. Case No.-618 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== 1.
BIBI FARIDA @ FARIDA KHATOON, aged about 50 years, female, Wife of Md Abuzar @ Md Abuzar Moulvi Resident of Village - Tinpania, P.S.- Korha, District- Katihar 2.
Md Aarif @ Arif, aged about 40 years, male, Son of Numan Ali Resident of Village - Tinpania, P.S.- Korha, District- Katihar 3.
Md Sharif @ Sharif, aged about 25 years, male, Son of Md Abuzar @ Md Abuzar Moulvi Resident of Village - Tinpania, P.S.- Korha, DistrictKatihar ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ram Prawesh Kumar, Advocate.
For the State :
Mr. Tarun Prasad Mandal, APP For the Informant : Mr. Amit Kumar Anand, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 363 and 366(A) of the Indian Penal Code registered in connection with Sadar (Muffasil) P.S. Case No. 618 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute as the parties are all family members. It is submitted that the informant himself had hidden his daughter and lodged a false case which is concocted
Patna High Court CR. MISC. No.44775 of 2019(2) dt.22-07-2019 2/2 and manipulated. The petitioners claim clean antecedents.
4. Learned APP assisted by learned counsel for the informant appears and opposes the petition. It is submitted by the informant that there is specific accusation against the petitioners in the statement of the victim recorded under Section 164 Cr. P.C. in which she has stated her age to be 16 years. She has specifically stated that she was carried away on motorcycle by the petitioner nos. 2 and 3 to the house of petitioner no. 1 and was administered injection and was forced to solemnize marriage. Accusations have also been with regard to commission of rape by some persons during her confinement.
5. Having regard to the nature of accusations and the gravity of the offence alleged, this Court is not inclined to grant the privilege of bail to the petitioners. The anticipatory bail petition stands dismissed.
6. If the petitioners surrender and seek regular bail before the learned Court below the same shall be considered on its own merit in accordance with law.
(Vikash Jain, J) Ibrar//- U T