Jalekha Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81785 of 2019 Arising Out of PS. Case No.-417 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== JALEKHA KHATOON, aged about 25 years, Female, Wife of Farukh Ansari, Resident of Village - Fatuchhapar, Police Station - Bairiya, District - West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar No. 7, Adv.

For the Opposite Party :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state through video conferencing.

The petitioner seeks pre-arrest bail in connection with Bairiya P.S. Case No. 417 of 2018, registered under Sections 364 and 368 of the Indian Penal Code.

The accusation is that in the mid day of 11.11.2018, Taufique Alam, aged about four years, son of the informant, Tabarak Miya, was accompanied by two children of Farukh Ansari, husband of the petitioner from house. Thereafter, petitioner, Jalekha Khatoon, wife of Farukh Ansari, sent his son, Taufique Miya, along with two children to her maika with her brother. On query, the petitioner started quarreling. Submission is that in fact, Farukh Ansari, husband of the petitioner has illicit relation with Kusum Khatoon, wife of

Patna High Court CR. MISC. No.81785 of 2019(4) dt.22-06-2020 2/2 the informant, regarding which several times quarrels also took place, due to that reason, mere on suspicion, informant has implicated the petitioner in the present case, while in paragraphs 44, 45 and 52 of the case none of the witnesses has stated about accompanying the son of the informant by this petitioner nor any person had seen moving the son of the informant with the brother of the petitioner.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bairiya P.S. Case No. 417 of 2018 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T