IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38027 of 2008 RABARI BEGUM Versus STATE OF BIHAR ----------- 2 18.09.2008 Heard learned counsel for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner. Petitioner is an accused in a case registered for the offences under Sections 366, 366-A & 120B of the Indian Penal Code. It has been submitted on behalf of the petitioner that specific allegation is against the co- accused Sahmi Khatoon and the only allegation against this petitioner is that she along with other accused persons were standing outside the house of the informant. The informant learnt about the taking away of her daughter from his eight years old son on the next date of the alleged occurrence and thereafter he made enquiry and lodged the present first information report. It is further submitted that the petitioner is an old lady suffering from ailments of kidney, as stated in the supplementary affidavit supported by the medical report. It is further contended that as a matter of fact the victim girl on her own had gone out and not with the complicity of this petitioner. Besides the above it is submitted that - 2 - the petitioner has been falsely implicated in this case since the marriage of the son of the petitioner was fixed with the daughter of the neighbour of the informant and the informant wanted that the marriage of the son of the petitioner should be fixed with his daughter. Learned Addl. P.P. appearing for the State submits that the petitioner was also present along with other accused persons out side the house of the informant. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Rabari Begum be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, in connection with Shikarpur P.S.Case No. 198 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)