Hina @ Hina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4767 of 2020 Arising Out of PS. Case No.-44 Year-2019 Thana- MAHILA P.S. District- Kishanganj ====================================================== Hina @ Hina Khatoon Wife of Md. Chand Resident of Village - Bishanpur, P.S.- Bishanpur, P.O.- Kochadhaman, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhanshu Kumar Lal, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is apprehending arrest in connection with Kishanganj Mahila P.S.Case No.44 of 2019 for the offence under Sections 341, 342, 370, 376, 120(B) of the Indian Penal Code and Sections 3, 4, 5,6,7, of the Immoral Traffic Act & Section 4 of POCSO Act.

Learned counsel for the petitioner relied upon the statement of Pinki Khatoon (Annexure-2)under Section 164 of the Cr.P.C. to contend that the allegation against the petitioner is false.

Considering the submission advanced by Mr. Lal, this case is disposed of with a direction to the petitioner to surrender in the court below and rely upon the statement of the victim recorded under section 164 of the Cr.P.C. on filing application

Patna High Court CR. MISC. No.4767 of 2020(6) dt.04-11-2020 2/2 for regular bail.

The court below shall consider the case of the petitioner in the light of Annexure-2, i.e., the statement of Pinki Khatoon under Section 164 of the Cr.P.C. and pass appropriate orders on its own merit without being prejudiced by the disposal of this case.

The application shall be disposed of on the same day. (Anil Kumar Upadhyay, J) B.Kr./-Saif U T