Allowed

Saibun Nesa @ Saibun v. The State Of Bihar

Patna HC7 Feb 2013CR. MISC./5293/2013

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, wife of an accused in a kidnapping case. The Court ordered her release on bail upon surrender within 12 weeks, subject to furnishing bond and sureties, citing her lack of criminal antecedents and the nature of the apprehended arrest.

What did the court decide?

Petitioner granted anticipatory bail to surrender within 12 weeks on furnishing bail bonds of Rs.10,000 and two sureties of like amount.

Saibun Nesa @ Saibun Vs The State Of Bihar — Anticipatory Bail | Patna HC (2013)

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Patna High Court Cr.Misc. No.5293 of 2013 (2) dt.07-02-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.5293 of 2013

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====================================================== Saibun Nesa @ Saibun W/o Star Miyan .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Milind Mishra, Adv. For the Opposite Party/s : Mr. Ahtesham Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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07.02.2013 Heard learned counsel for the petitioner and learned APP for the State.

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2. This petition for anticipatory bail has been filed on behalf of the petitioner who apprehends her arrest for the offences alleged under Sections 363, 366A, 34 of the I.P.C.

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3. The allegation is with regard to kidnapping of the informant’s daughter by one Bablu Ansari (Teacher) with the promise of marrying her, and being helped by Yunush Ansari and Jugunu Ansari.

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4. It is submitted that the petitioner is not named in the FIR and her name has come only because she happens to be the wife of co-accused Sattar Mian, who along with a lady, Mumtaz is said to have met Bablu Ansari and taken the victim to Mikinagar and kept her confined in a room, as stated by the victim girl in her deposition (Annexure-2). It is further stated that FIR named accused Yunush Ansari and

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Patna High Court Cr.Misc. No.5293 of 2013 (2) dt.07-02-2013

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Jugunu Ansari have been granted anticipatory bail in Cr. Misc. No. 42763 of 2011. It is also stated by learned counsel for the petitioner that she has no criminal antecedent whatsoever.

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5. Considering the above facts, in the event of arrest or surrender before the court below within 12 weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran, in connection with Semara (Chiutaha) P.S. Case No. 41/2011, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

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Fahad.

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( Vikash Jain, J. )

Saibun Nesa @ Saibun v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Saibun Nesa @ Saibun v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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