Sahiba Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80704 of 2019 Arising Out of PS. Case No.-653 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== SAHIBA KHATOON wife of Badrul Hak Resident of Village - Dakchin Tola Salki, P.S. and District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Kishanganj P.S. Case No. 653 of 2018 for the offence registered under Sections 376, 313, 201 and 120(b) of the Indian Penal Code.

The allegation is regarding the co-accused, namely, Sarfaraz having raped the victim lady and when she became pregnant, he had got the pregnancy terminated with the help of his sister and brother-in-law.

The learned counsel for the petitioner has submitted that the petitioner has been falsely roped in the present case merely on the pretext of she being the step mother of the co-accused, namely, Sarfaraz, however, no role has been

Patna High Court CR. MISC. No.80704 of 2019(2) dt.18-01-2020 2/2 attributed in the alleged occurrence. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner, I deem it fit and proper to grant anticipatory bail to the petitioner herein.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 653 of 2018 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T