Samina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85460 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- BAJPATTI District- Sitamarhi ====================================================== Samina Khatoon W/o Md. Salim @ Mohammad Salim R/o Village-Bacho Patti Babu Narha, P.S-Bajpatti, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bajpatti P.S. Case No. 43 of 2023 dated 09.02.2023 registered for the offences punishable u/s 366 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. She has been made accused in this case only on the basis of the statement of the victim recorded under Section 164 of Cr.P.C. There is general and omnibus allegation against the petitioner. There was a love affair

Patna High Court CR. MISC. No.85460 of 2023(2) dt.30-01-2024 2/2 between the victim and the co-accused, Vipin Rai. Learned counsel has further submitted that the victim has solemnized marriage with the co-accused Vipin Rai of her own desire and the petitioner has no concern with the alleged offence. The petitioner is a lady and she has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 43 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T