Khushaboo Nessa @ Kushibiya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5539 of 2021 Arising Out of PS. Case No.-20 Year-2020 Thana- THAKRAHA District- West Champaran ====================================================== KHUSHABOO NESSA @ KUSHIBIYA KHATOON Wife of Sahabuddin Dhobi Resident of Village- Siswaniya, P.S.- Thakraha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is apprehending her arrest in connection with Thakraha P.S. Case No. 20 of 2020 for the offence registered under Sections 363, 366(A) 120(B)/ 34 of the Indian Penal Code.

Allegation against the petitioner is that she along with other accused persons have abducted the daughter of the informant, Chandrakala Kumari @ Chandani Kumari aged about 17 years under a planned conspiracy and concealed his

Patna High Court CR. MISC. No.5539 of 2021(2) dt.25-11-2021 2/2 daughter.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to previous enmity. It is further submitted that the main allegation is against co-accused, Allauddin and not against this petitioner. It is further submitted that the victim in her statement under Section 164 Cr.P.C. stated that she had not been kidnapped by any person. It is further submitted that the petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Thakraha P.S. Case No. 20 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T