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Patna High CourtCR. MISC./68490/2022disposed

Sarjina Khatun @ Najnina Khatoon @ Najrina Khatoon v. The State Of Bihar

2023-04-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68490 of 2022 Arising Out of PS. Case No.-134 Year-2014 Thana- KALYANPUR District- East Champaran ====================================================== 1.

Sarjina Khatun @ Najnina Khatoon @ Najrina Khatoon Wife of Sharif R/vAlakhbani, Sitalpur, P.S.- Kalyanpur, District- East Champaran. 2.

Amrul Nesha @ Amrun Nesha Wife of Shekh Samsullah @ Samsulah R/vAlakhbani, Sitalpur, P.S.- Kalyanpur, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Nafisuzzoha, Advocate For the State :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-04-2023 Learned counsel for the petitioners has filed a supplementary affidavit in Court today.

Let the same be kept on record.

Heard both sides.

The petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No.134 of 2014, registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.

Accusation against the petitioners and other coaccused persons is of kidnapping the daughter of the informant for the purpose of marriage.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.68490 of 2022(4) dt.24-04-2023 2/3 petitioners are innocent and have falsely been implicated in the present case. It is further submitted that petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is submitted that the main accused, Pappu Paswan who kidnapped away the victim girl is enjoying his conjugal life with the victim girl at Sahre Hind in Punjab and one female child was born but both of them never returned to the place of occurrence due to fear of arrest from the police as stated in paragraph-2 of the supplementary affidavit.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on provisional anticipatory bail for six months on furnishing bail bonds of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-3, East Champaran, Motihari in connection with Kalyanpur P.S. Case No.134 of 2014, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Learned counsel for the petitioners is directed to serve

Patna High Court CR. MISC. No.68490 of 2022(4) dt.24-04-2023 3/3 a copy of this order to the Investigating Officer of the present case and the Investigating Officer of the present case shall verify the fact that Pappu Paswan and the victim girl are residing together at Sahre Hind in Punjab and submit a report before the learned court below within a period of three months from the date of receipt of a copy of this order. The learned court below shall peruse the report submitted by the Investigating Officer and if it is found that main accused, Pappu Paswan and the victim girl are residing together at Sahre Hind in Punjab, the learned court below shall confirm the bail bonds of the petitioners.

Accordingly, the anticipatory bail application stands disposed of.

(Anjani Kumar Sharan, J) S.KUMAR/- U T