Zamila Khatoon @ Jamila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55399 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- PARSAUNI District- Sitamarhi ====================================================== 1.

ZAMILA KHATOON @ JAMILA KHATOON W/O IJARAIL ANSARI R/V- Parsauni Nilami Tola, Parsauni @ Parsauni Mailbar, P.S.- Parsauni, Distt- Sitamarhi, Pin Code- 843325 2.

ISRAIL ANSARI @ IJRAIL ANSARI S/O KHALIL ANSARI R/VParsauni Mailawar, Ward no. 14, Parsauni @ Parsauni mailawar, P.S.- Parsauni, Distt-Sitamarhi, Pin Code- 843325.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-12Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 376, 342, 323, 504, 506 and 34 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act.

The informant alleges that about five months back, Saddam threatened her, thereafter, he raped her several times, it is next alleged that when her aunt asked her then she disclosed about the occurrence, it is further alleged that thereafter they went to the house of Saddam when her parents (petitioners) abused them and ousted them from the house.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.55399 of 2022(2) dt.20-12-2022 2/2 petitioners are persons with clean antecedent and petitioner no. 1 is a woman and have been falsely implicated in the present case merely because they are parents of Saddam, it is next submitted that allegation of rape is against Saddam and the petitioners are alleged to have ousted the informant and her aunt when they had come to her house, it is thus submitted that only to coerce Saddam into submission the present false case came to be instituted against the petitioners with general and omnibus allegation. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parsauni P.S. Case No. 68 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T