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Patna High CourtCR. MISC./62500/2017bail granted

Lailun Khatoon v. The State Of Bihar

2017-12-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62500 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -MAHILA PS District- GOPALGANJ ====================================================== Lailun Khatoon, W/o Kamal Akhtar, R/o Village- Kajipur , P.S. Fulwariya, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Srivastava, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Gopalganj Mahila P.S. Case No. 40 of 2017, G.R. No. 2824 of 2017 instituted for the offence under Sections 493, 376(2), 504, 341, 323/34 of the Indian Penal Code, Sections 3, 4, 5, 6, 7 and 8 of POCSO Act, 2012.

Learned counsel for the petitioner has submitted that the main allegation is against Taufique Alam of establishing physical relationship with the informant on pretext of performing marriage with her. This petitioner is mother of Taufique Alam. There is general and omnibus allegation against this petitioner.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.62500 of 2017 (2) dt.22-12-2017 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Gopalganj Mahila P.S. Case No. 40 of 2017 , she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 1st, Gopalganj, 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) petitioner 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 petitioner and (3) if petitioner tampers 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 petitioner.

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