Bibi Ujala @ Ujala Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66056 of 2024 Arising Out of PS. Case No.-339 Year-2024 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

Bibi Ujala @ Ujala Khatoon Wife of Md. Kaushik Resident of VillageRajganj, P.S.- Pirpainti, Distt.- Bhagalpur 2.

Bibi Sabroon @ Sabrun Wife of Late Sahid Resident of Village- Rajganj, P.S.- Pirpainti, Distt.- Bhagalpur 3.

Siddik Sah @ Siddik Mia Son of Late Shekhawat Sah Resident of VillageRajganj, P.S.- Pirpainti, Distt.- Bhagalpur 4.

Md. Jasim @ Md. Jasim Alam Son of Siddik Sah Resident of VillageRajganj, P.S.- Pirpainti, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP For the Informant :

Ms. Homa Yunus, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners apprehend arrest in Pirpainti P.S. Case No. 339 of 2024, registered under Sections 341, 323, 366A, 504, 506 & 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, Md. Rocky along with Md. Sojan abducted the daughter of the informant.

Patna High Court CR. MISC. No.66056 of 2024(2) dt.01-10-2024 2/3 When the informant went to the house of Md. Rocky for query, then the petitioners abused and also assaulted her.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. There is inordinate delay of two days in lodging the FIR. Learned counsel for the petitioners also submits that no specific overt act has been attributed against the petitioner. The allegations levelled against the petitioners are general and omnibus in nature. It is also submitted that petitioner no. 1 is a villager, petitioner no. 2 is the mother of Md. Rocky and petitioner nos. 3 and 4 are local villagers. Specific allegation of abducting the daughter of the informant is against Md. Rocky and Md. Sojan. The petitioners have got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.66056 of 2024(2) dt.01-10-2024 3/3 below/concerned Court in connection with Pirpainti P.S. Case No. 339 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T