Gulnaj Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5504 of 2017 Arising Out of PS.Case No. -295 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Gulnaj Khatoon, daughter of Md. Neyamul

2. Gunja Khatoon @ Gunja Praveen, Daughter of Md. Neyamul

3. Md. Neyamul, son of late Md. Idrish

4. Md. Akbar @ Akbar, son of Ekramul All resident of village- Lukki Nandlalpur, P.S. Kudhani (Turki O.P.), District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehending their arrest in connection with Kudhani (Turki O.P.) P.S. Case No. 295 of 2016 instituted for the offences punishable under Sections 341, 323, 354, 376/511, 34 of the Indian Penal Code and Sections 4, 8, 12 of POCSO Act, have approached this Court for grant of anticipatory bail.

The informant gave her Fardbeyan before the Police and alleged that on 26.05.2016, when she was returning her house one of the co-accused Md. Ujale started teasing her. She raised alarm, whereupon her brother came there and saved her.

Patna High Court Cr.Misc. No.5504 of 2017 (2) dt.06-02-2017 2/3 She has further alleged that in the evening at about 7.00 P.M., Md. Ujale and his family members came and brutally assaulted her.

The learned counsel for the petitioners submits that the petitioners are neighbours of the informant and prior to this case the brother of the petitioner nos. 1 and 2 filed a complaint case no. 1273 of 2016. A Panchayati was also conveyed to settle the matter. The allegation of outraging modesty and attempt to rape is against Md. Ujale.

The learned APP opposed the submission.

Both parties are neighbours and admittedly, a complaint case was filed earlier to the present case. The allegation of outraging modesty of victim and attempt to rape is against Md. Ujale. The allegation of assault appears to be omnibus and general in nature against these petitioners having regard to which I am inclined to extend them the privilege of anticipatory bail.

Prayer of anticipatory bail is allowed and the petitioners above named, in the event of arrest / surrender within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.5504 of 2017 (2) dt.06-02-2017 3/3 satisfaction of learned Special Court POCSO, Muzaffarpur in connection with Kudhani (Turki O.P.) P.S. Case No. 295 of 2016, subject to the condition as laid down under Section 438(2), the Code of Criminal Procedure with further condition that:

(i) One of the bailors shall be their own/close family members.

(ii) The petitioners shall appear on each dated fixed at the trial. In case of fault in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.

(Sanjay Kumar, J) ajaypd./- U T