Sabra Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59899 of 2018 Arising Out of PS.Case No. -255 Year- 2017 Thana -MANJHAGARH District- GOPALGANJ ====================================================== Sabra Khatoon, Wife of Anwar Alam @ Anwar Mian, R/o VillageInderwa, P.S. Thawe, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in connection with Majhagarh P.S. Case No. 255 of 2017 for offences alleged under Sections 376, 406, 420, 366A of the Indian Penal Code. Initially a Complaint Case No. 2362 of 2017 was lodged against the petitioner and others which was later on converted into F.I.R. under Section 157(3) of the Cr.P.C.

Allegation by the complainant/informant, is that her daughter aged 15 years eloped with one Sami Alam son of

Patna High Court Cr.Misc. No.59899 of 2018 (2) dt.08-10-2018 2/3 the petitioner and performed Nikah and stayed at Ludhiana but after 4-5 months when she became pregnant, she was brought to her parental home and was not taken back by the co-accused Sami Alam and neither the petitioner nor the other accused persons accepted the informant's daughter.

It has been submitted by the learned counsel for the petitioner that she is innocent, is an old lady and the daughter of the informant had eloped out of her own sweet-will and that there is no direct allegation of the petitioner of being in connivance with the other co-accused in instrumental and abducting the daughter of the informant. He submits that the allegations are general and omnibus and the victim lady is a major and not the minor as alleged in the F.I.R. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record let petitioner, above named, in the event of her arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Majhagarh P.S. Case

Patna High Court Cr.Misc. No.59899 of 2018 (2) dt.08-10-2018 3/3 No. 255 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J) Devendra/Priyanka U T