The Patna High Court granted pre-arrest bail to Jalekha Khatoon in a case involving kidnapping and unnatural offences. The petitioner was directed to surrender within four weeks.
Granted bail bond of Rs.10,000 with two sureties; petitioner to surrender within four weeks of the date of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
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JALEKHA KHATOON, aged about 25 years, Female, Wife of Farukh Ansari, Resident of Village - Fatuchhapar, Police Station - Bairiya, District - West Champaran ... Petitioner
| The State of Bihar ================ |
========= | Versus ... Opposite Party ============================= |
|---|---|---|
| Appearance : For the Petitioner For the Opposite Party =============== |
: Mr. : Mr. ======== |
Sanjay Kumar No. 7, Adv. Nityanand, APP ============================= |
| CORAM: HONOUR MISHRA |
ABLE MR. | JUSTICE RAJENDRA KUMAR |
ORAL ORDER
4 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
1 issue framed by the court
Whether to grant pre-arrest bail to the petitioner in connection with a case under Section 364 and 368 of the Indian Penal Code.
1 provisions across 1 enactments
Jalekha Khatoon
State of Bihar
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
