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Patna High CourtCR. MISC./65817/2019bail granted

Rahima Khatoon v. The State Of Bihar

2019-10-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65817 of 2019 Arising Out of PS. Case No.-179 Year-2014 Thana- MAJHAULIA District- West Champaran ====================================================== RAHIMA KHATOON Wife of Habib Ansari Resident of Village- Semra Vrit, P.S. - Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2019 Heard both sides.

The petitioner apprehends her arrest in Majhauliya P.S. Case No.179 of 2014 registered under Sections 376, 366A and 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner Rahima Khatoon and Salma Khatoon were granted anticipatory bail by the learned Sessions Judge vide order dated 30.03.2015 passed in A.B.P. No.8701 of 2015 till the submission of charge sheet. The police submitted charge sheet. Thereafter Salma Khatoon filed anticipatory bail before the Sessions Judge and the same was rejected. Again Salma Khatoon filed anticipatory bail in this court vide Cr.Misc.No.4139 of 2017 and she was granted anticipatory bail by order dated 19.04.2017. The case of the petitioner stands on same footing. Of course, it

Patna High Court CR. MISC. No.65817 of 2019(2) dt.18-10-2019 2/2 appears that the petitioner was granted anticipatory bail by the learned Sessions Judge till the submission of charge sheet. The petitioner should have surrendered and prayed for regular bail in view of the order passed by the learned Sessions Judge but the petitioner moved this court for grant of anticipatory bail as her case stands on same footing as that of Salma Khatoon. Having considered the facts aforesaid, the petitioner is directed to surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order and on such the learned court below shall enlarge the petitioner on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., West Champaran at Bettiah in connection with Majhauliya P.S. Case No.179 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T