Husna Bano v. The State Of Bihar .

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48818 of 2019 Arising Out of PS. Case No.-618 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

HUSNA BANO Wife of Md. Israil Resident of Village-Pipra, Police StationSadar (Mufassil), District-Purnea. 2.

Md. Akbar Son of Daud Ali Resident of Village-Pipra, Police Station-Sadar (Mufassil), District-Purnea.

3.

Md. Jamal @ Md. Jamauddin Son of Md. Nazir Resident of Village-Pipra, Police Station-Sadar (Mufassil), District-Purnea. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh For the Informant : Mr. Amit Kumar Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Sadar P.S. Case No. 618 of 2018 registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.

Prosecution story as per FIR is that minor daughter of the informant was enticed away by one Md. Taimur, stepson of the informant with intention to marry her after taking ornaments and he also suspected the hands of the petitioners. It further appears that the statement of victim girl has been recorded under Section 164 Cr.P.C. in which she has named these petitioners also and specifically stated that petitioner No.1 has caught her

Patna High Court CR. MISC. No.48818 of 2019(2) dt.06-08-2019 2/3 and thereafter she was taken to Bombay and Ludhiana in order to sell her.

Submission of learned counsel for the petitioners is that they have falsely been implicated and there is allegation against petitioner No.1 and stepson of the informant for selling her and there is no specific allegation against other petitioners. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioners on the ground that there are allegations against the petitioners which will appear from the statement of victim girl, who is minor, recorded under Section 164 Cr.P.C. In view of above facts and circumstances, let petitioner Nos. 2 and 3, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.

25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Sadar P.S. Case No. 618 of 2018, corresponding to G.R.No. 3837 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

Patna High Court CR. MISC. No.48818 of 2019(2) dt.06-08-2019 3/3 So far petitioner No.1 is concerned, I am not inclined to grant the privilege of anticipatory bail to her. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T