Sagira Khatoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44156 of 2018 Arising Out of PS.Case No. -21 Year- 2018 Thana -MANIGACHI District- DARBHANGA ======================================================

1. Sagira Khatoon, W/o Md. Shamim, R/o Vill.- Jatuka, P.S.- Mani-gacchi, District- Darbhanga.

2. Jeenat Parveen @ Jeetan Praveen, W/o Md. Azad D/o Md. Shamim, R/o Vill.- Thika Tola, P.S.- Sadar (Bhalpatti O.P.), District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhusudan Kumar, Advocate For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Manigachhi P.S. Case No. 21 of 2018 (G.R. No. 224/2018) registered for the offences punishable under Sections 363, 366(A), 379 and 120(B) of the Indian Penal Code.

Allegation as per F.I.R. is that she was kidnapping a minor daughter of the informant.

Submission of learned counsel for the petitioners is that she has falsely been implicated in this case and moreover, petitioner no.1 is aged about 70 years and petitioner no.2 is aged about 36 years and there is no allegation of rape. They are ladies. There is no allegation against the petitioners or other accused persons.

Patna High Court Cr.Misc. No.44156 of 2018 (3) dt.10-08-2018 2/2 Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail. In view of the fact that in the statement under Section 164 Cr.P.C., the victim girl has named the petitioners so I am not inclined to grant privilege of anticipatory bail to the petitioners, rather petitioners to surrender and make prayer for regular bail, which will be considered by the learned court below on the basis of the materials available on record and also consider the age of the petitioner no.1 and petitioner no.2 is a pregnant lady and considering all aspect of the matter, he will pass an appropriate order, if possible, on the same day.

With the above observation, this application stands disposed of.

(Vinod Kumar Sinha, J) N.H./-Sanjeev U T