Patna High CourtCR. MISC./38655/2017bail granted

Rashida Khatoon And ANR v. The State Of Bihar

2017-08-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38655 of 2017 Arising Out of PS.Case No. -197 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Rashida Khatoon, D/o Md. Wakil

2. Sajda Khatoon, W/o Md. Wakil Both R/o Village-Baintara, P.S.-Bajpatti, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-08-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bajpatti P.S. Case No. 197 of 2016 instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code.

As per written report, the minor daughter of the informant was taken away by Md. Zahir with the help of these petitioners. The petitioners are ladies.

In the written report it appears that there is specific allegation against Md. Zahir that he has taken away the minor daughter of the informant namely, Suraiya Khatoon. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the

Patna High Court Cr.Misc. No.38655 of 2017 (2) dt.22-08-2017 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bajpatti P.S. Case No. 197 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned learned Sub Divisional Judicial Magistrate, Pupri at Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T