Samjeera Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27064 of 2015 Arising Out of PS.Case No. -146 Year- 2014 Thana -KAKO District- JEHANABAD ======================================================
1. Samjeera Khatoon D/o Late Ibrahim Miyan R/o Vill : - Kazi, Daulatpur, P.S. : - Kako, Distt : - Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Md.Fahmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-10-2015 Supplementary affidavit has been filed on behalf of the petitioner. Keep it on the record.
Heard the learned counsel for the petitioner as well as the learned A.P.P.
The petitioner seeks bail in a case for the offences punishable under sections 366 (A) 34 of the I.P.C The petitioner is named in the F.I.R with allegation that she and other F.I.R. named accused persons have kidnapped Barsha Kumari, daughter of the informant, aged 15 years with an intention to arrange marriage. The victim has not been recovered as yet and the charge sheet has already been submitted against the petitioner.
Submission is of false implication and that the
Patna High Court Cr.Misc. No.27064 of 2015 (3) dt.13-10-2015 2/2 informant is not an eye witness and only on suspicion she has been named resulting she is suffering in custody since 21.01.2015. The F.I.R has been lodged after much delay and as such the petitioner deserves sympathetic consideration as there is no chance of tampering with the prosecution evidence. The independent witness vide paragraph-11 of the case diary, namely, Bishnu Kumar has stated that the petitioner and others have been falsely implicated. The learned A.P.P. fairly submits that there is no direct evidence against the petitioner.
In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Jehanabad in Kako P.S. Case No. 146 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T