Mustri Khatoon @ Mustri Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85761 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- SANOKHAR District- Bhagalpur ====================================================== Mustri Khatoon @ Mustri Khatun W/o Md. Arif Ansari @ Arif Ansari Resident Of Village Sohayal, P.s- Sanokhar, district-Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mira Devi W/o- Manoj Sharma, R/o- Vill.-Sohayal, P.S.- Sanokhar, Dist.- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner, learned counsel for the Opposite party no. 2 and the State.

2. Petitioner is apprehending his arrest in a case registered for the offences punishable under sections 363, 366, 506/34 of the Indian Penal Code.

3. As per the prosecution case, the son of the petitioner had enticed away the victim girl, who is the daughter of the informant, with a view to get married with her and he pressurized the victim girl to convert her religion. Further allegation in the concluding portion of the FIR is that the petitioner has indulged in hurling filthy abuses upon the informant, along with her husband Arif Ansari.

Patna High Court CR. MISC. No.85761 of 2024(3) dt.06-05-2025 2/3

4. Learned counsel for the petitioner submits that it would be clear from the FIR itself, that the thrust of the allegation is upon one Mazhar Ansari, who is son of the petitioner and there is love relationship between the said Mazhar Ansari and the daughter of the informant. It is also a fact that in the statement recorded under section 164 of the Cr.P.C, the victim girl has not even mentioned the name of the petitioner and has rather admitted that she had married Mazhar Ansari by her own will. The attention of this Court has also been drawn to an order dated 19.04.2025, passed in Cr. Misc. No. 82109 of 2024, whereby similarly situated co-accused Md Arif Ansari, who is the husband of the present petitioner and the father of coaccused Mazhar Ansari has already been granted the privilege of anticipatory bail.

5. The learned counsel for the O.P.No. 2 and learned counsel for the State oppose the prayer for anticipatory bail.

6. Considering the facts and circumstances, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of her arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/ successor court in

Patna High Court CR. MISC. No.85761 of 2024(3) dt.06-05-2025 3/3 connection with Sonokhar P.S.Case No. 109 of 2024, subject to condition as laid down under section 438(2) of the Cr.PC and subject to the further condition that the petitioner shall cooperate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T