Bibi Kamru Nisa And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26998 of 2015 Arising Out of PS.Case No. -252 Year- 2014 Thana -SALKHUA District- SAHARSA ======================================================
1. Bibi Kamru Nisa Wife of Md. Masud Alam
2. Md. Mohammad Son of Md. Masud Alam Both are Resident of Village - Sarbela, Police Station - Salkhua ( O.P. Banma Itahari ), District - Saharsa .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mobila Khatoon W/o Md. Mobiluddin Resident of Village - Sarbela, Police Station - Salkhua ( Banma Itahari ), District - Saharsa .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Atul Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2015 Heard both sides.
Learned counsel for the petitioners seeks permission to withdraw the Anticipatory Bail Petition of petitioner no. 2 Md. Mohammad.
Accordingly, the Anticipatory Bail Petition of petitioner no. 2 Md. Mohammad is dismissed as withdrawn. Heard both sides.
The petitioner no. 1 Bibi Kamru Nisa apprehends her arrest in a case under Section 376 and other sections of the Indian Penal Code and Section 3 of the POCSO Act.
The petitioner no. 1 Bibi Kamru Nisa is the mother of the petitioner no. 2 Md. Mohammad, who is alleged to have
Patna High Court Cr.Misc. No.26998 of 2015 (2) dt.20-07-2015 2/2 committed rape with the daughter of the complainant. While the complainant along with her daughter was going to lodge a case, other accused persons are alleged to have assaulted the complainant and fled away with the material evidence such as blood-stained clothes and other things.
There appears no specific allegation against the petitioner no. 1, who is a lady.
Considering the facts aforesaid, the petitioner no. 1, Bibi Kamru Nisa, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cumSpecial Judge, Saharsa in Salkhua P.S. Case No. 252/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T