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Patna High CourtCR. MISC./2164/2018bail granted

Ramjan Khalifa v. The State Of Bihar

2018-02-21Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2164 of 2018 Arising Out of PS. Case No.-21 Year-2017 Thana- MAHILA P.S. District- Sitamarhi ====================================================== Ramjan Khalifa, Son of Shankar Khalifa, Resident of Mohalla- Mirchaipatti Chak Mahila, P.S. Sitamarhi, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. SRI KANHAIYA KISHORE ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks Anticipatory bail in connection with Sitamarhi Mahila P.S. Case No. 21 of 2017 registered under Sections 363, 365, 376, 34, 120(B) of the Indian Penal Code. Informant in his fardbeyan has stated that on 15.04.2017 at about 2:00 PM when she went to coaching she was kidnapped in the way and was kept confined at a particular place and they tried to commit some wrong with her and on her protest she was assaulted and thereafter on 19.04.2017 they snatched her ear rings, Dholna, Payal and after taking these ornaments they sold the same in Sitamarhi and when she was weeping then they told him that they had purchased her in 2 lacs. It has further been stated that during the course of conversation she could get knowledge that this Mohalla is Boha Tola and it is the house of

Patna High Court Cr.Misc. No.2164 of 2018(3) dt.21-02-2018 2/3 Gope Khalifa. Gope Khalifa and his wife wanted to take some illegal work from her. It has been further stated that for doing illegal work two persons came there whose name was heard by her as Manjoor Khalifa and Ramjan Khalifa. In her conversation she made request to the persons who came there to give information to his family by giving mobile number. Thereafter seeing the police and the family members she raised alarm and came near the vehicle.

Learned counsel for the petitioner submitted that according to FIR as well as statement of victim under Section 164 Cr.P.C. there is only allegation against this petitioner is that along with Gope Khalifa two persons used to come there who compelled her to do illegal work whose name was heard by her as Ramjan Khliffa and Manjur Khalifa. The medical report does not indicate any rape being committed on her. Except this there is no allegation against the petitioner and petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of Anticipatory bail of the petitioner is allowed and petitioner named above in the event of arrest of surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court Cr.Misc. No.2164 of 2018(3) dt.21-02-2018 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi Mahila P.S. Case No. 21 of 2017.

(S. Kumar, J) veena/- U T