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Patna High CourtCR. MISC./71838/2021bail granted

Nurjahan Khatoon v. The State Of Bihar

2022-03-31Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71838 of 2021 Arising Out of PS. Case No.-410 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== NURJAHAN KHATOON W/o Sheikh Md. Kaish R/o village- Puraina Gosai, Sheikh Toli, Ward No. 5, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Adya Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 366(A)/34 of the Indian Penal Code and Sections 8, 12 of POCSO Act.

Allegation is that the accused persons including the petitioner abducted the victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.71838 of 2021(2) dt.31-03-2022 2/2 present case. The victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she had left the house out of her own will and got married with the petitioner. She has not supported the allegations made in the F.I.R.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cum-Additional District and Sessions Judge VIth, Bettiah (West Champaran) in connection with Chanpatiya P.S. case No.410/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T