Salma Khatoon @ Hamida Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15926 of 2021 Arising Out of PS. Case No.-809 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Salma Khatoon @ Hamida Khatoon W/o of Fakrudin Resident of Village - Isopur, Phulwari Sarif, P.S.- Phulwarisarif, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Mishra, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 372, 376, 354/34 of the Indian Penal Code, Section 4, 18, 16 of the POCSO Act, Section 3 (i) (v), 3 (2) (v) of the SC/ST Act and Section 5 of the Immoral Traffic Act.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and

Patna High Court CR. MISC. No.15926 of 2021(2) dt.12-01-2022 2/2 omnibus allegation against the petitioner. He submits that victim in her statement recorded under Section 164 Cr.P.C. does not disclose the name of the petitioner. He submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail and submits that on 12.11.2019 accused Pooja and her husband took the other victim for sale in prostitution business. Considering the facts and circumstances of the case and the fact the accused is to indulge in professional prostitution business, I am not inclined to enlarge the petitioner on bail. Accordingly, her prayer for anticipatory bail is rejected in connection with Ram-Krishna Nagar P.S. Case No. 809 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T