Bibi Fakro @ Fakhro Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80164 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- AMAUR District- Purnia ====================================================== 1.
Bibi fakro @ Fakhro Khatoon W/O Bahruddin R/O Village- Kakanhwa ,Police Station - Baisi, District - Purnia 2.
MD bahruddin S/O MD Shariman R/O Village- Kakanhwa ,Police Station - Baisi, District - Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikram Singh, Adv.
For the Opposite Party/s :
Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-02-2025 Heard Mr. Vikram Singh, learned counsel for the petitioners and the State.
2. The petitioners apprehend their arrest in connection with P.S. Case No. 42 of 2024 for the offence punishable under sections 363, 366(A), 504, 506 and 34 of the Indian Penal Code lodged on 23.01.2024 by the informant, Serun.
3. As per the prosecution story, the informant alleged that the victim had gone to attend the nature's call when the petitioner along with others kidnapped her.
4. Learned for the petitioner submits that they are the parents, have no role to play in the matter but exaggerating the FIR, implicated. The girl was in a relationship with their son, went on her own but later, changed track and alleged that she
Patna High Court CR. MISC. No.80164 of 2024(2) dt.28-02-2025 2/3 was taken for the purpose of selling. Further, in the statement recorded under Section 164 Cr.P.C, she has not alleged any beating/rape on the part of the son or the parents.
5. Learned APP opposes the prayer for bail submitting that they have delayed coming to the Court.
6. Considering the aforesaid facts as also that they are parents, FIR lodged, will be facing the trial, the son was arrested and remained in custody, got relief vide Cr. Misc. No. 45831 of 2024. In that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners, named above, be released on bail, in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 42 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.80164 of 2024(2) dt.28-02-2025 3/3 dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) perwez U T