Khasboon @ Khushbun Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28760 of 2018 Arising Out of PS.Case No. -354 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Khasboon @ Khushbun Khatoon, W/o Zazool Dewan
2. Zazool Dewan, Son of Hanif Dewan.
3.Abbas Dewan, Son of Zazool Dewan, All are resident of Village- Chanki Garh, Police Station- Shikarpur, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Advocate For the Opposite Party/s: Mr. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Shikarpur P. S. Case No. 354 of 2017, registered for offences punishable under Sections 363, 366/34 of the Indian Penal Code.
Allegation against the petitioners is of kidnapping/abduction of the wife of the informant. Submission of the learned counsel for the petitioners is that there is delay of fifteen days of lodging the F.I.R. from the date of occurrence. It is also submitted that due to enmity and dirty village politics the petitioners have been dragged in the
Patna High Court Cr.Misc. No.28760 of 2018 (4) dt.05-07-2018 2/2 instant case and the petitioners have no criminal antecedents. Learned A.P.P. opposes the prayer for bail on the ground that the victim girl has not been recovered up till now. In view of the facts and circumstances discussed above and all materials available on the record, I am not inclined to grant bail to the petitioners. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioners that if the petitioners surrender before the Court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by order of this Court. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) Sudha/- U T