Sayda Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54718 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- TURKAULIYA DistrictEast Champaran ====================================================== SAYDA KHATOON Daughter of Phulmohammad Miya Wife of Atim Ansari Resident of Village-Madhopur Madhumawat, P.S- Turkauliya, District-East Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vijay Shankar Shrivastava, Advocate.

For the Opposite Party:

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 363, 366(A)/34 of the Indian Penal Code registered in connection with Turkauliya (Banjariya) P.S. Case No. 98 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation of assisting the main accused Khurshid Alam to take away the victim girl to Delhi. The socalled victim girl in her statement recorded under Section 164 Cr. P.C. has categorically stated that she wants to marry accused Khurshid Alam. She further stated that she is about one and half months pregnant. The victim girl in her statement has not made any specific accusation against the petitioner. It is therefore submitted that the ingredients of Section 366A IPC are not satisfied. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.54718 of 2019(2) dt.30-08-2019 2/2 arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banjariya) P.S. Case No. 98 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T