Rokshar Praveen @ Rokshar Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82886 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- AMAS District- Gaya ====================================================== 1.

Rokshar Praveen @ Rokshar Khatoon W/O Md Faiyaz Khan R/O VillageBankat, P.S- Amas, Distt.- Gaya (Bihar) 2.

Farzana Praveen @ Farzana Khatoon D/O Md Jamalu Khan R/O VillageBankat, P.S- Amas, Distt.- Gaya (Bihar) 3.

Khushbu Praveen @ Khusbhu Khatoon D/O Md Jamalu Khan R/O VillageBankat, P.S- Amas, Distt.- Gaya (Bihar) 4.

Shabina Khatoon D/O Jamaluddin Khan R/O Village- Bankat, P.S- Amas, Distt.- Gaya (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366(A) of the Indian Penal Code.

3. The allegation against the petitioners is that they along with co-accused, Md Monazir Khan have abducted the minor daughter of the informant for the purpose of marriage.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence as alleged in the petition. No such occurrence as

Patna High Court CR. MISC. No.82886 of 2023(2) dt.05-01-2024 2/3 alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused, namely, Md. Monazir Alam @ Md. Monazir Khan has been enlarged on bail by a co-ordinate bench of this court vide order dated 25.07.2023 passed in Cr. Misc. No. 33750 of 2023 on the basis of the fact that victim was solemnized marriage with the co-accused Md. Monazir Alam. The statement of the victim recorded u/s 164 of Cr.P.C, in which she stated that she left her house and married with coaccused Md. Monazir Alam on her own sweet will. Petitioner nos. 1, 2 and 3 are sisters and petitioner no.4 is mother of the co-accused, Md. Monazir Alam due to which petitioners are dragged in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.82886 of 2023(2) dt.05-01-2024 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Amas P.S. Case No. 192 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T