Jaitun Khatun @ Jaitun Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8953 of 2020 Arising Out of PS. Case No.-133 Year-2019 Thana- NOKHA District- Rohtas ====================================================== JAITUN KHATUN @ JAITUN NISHA Wife of Kalimudin Ansari Resident of Village - Nokha, P.S.- Nokha, Distt - Rohtas, - Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the State :

Mr.Khurshid Anwar For the O.P. No. 2 :

Mr. Mukund Mohan Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Nokha P.S. Case No. 133 of 2019, registered for the offence punishable under Sections 376, 314, 120(B) of the Indian Penal Code and Section 4 of the POSCO Act. The allegation is regarding the co-accused person, namely, Husain Ansari having lured the victim girl whereafter he is stated to have established physical relation with her and subsequently, when she became pregnant, the accused persons got her abortion done and subsequently, she died on account of

Patna High Court CR. MISC. No.8953 of 2020(2) dt.03-03-2020 2/3 excess bleeding.

The learned counsel for the petitioner has submitted that the petitioner is the mother of the said co-accused person, namely, Husain Ansari and she has got no complicity in the matter. It is further submitted that the said Husain Ansari has already been granted bail by the learned court below vide order dated 15.11.2019, hence, it is submitted that the petitioner may also be granted the privilege of anticipatory bail. The petitioner is stated to be having a clean antecedent and undertakes to join the ensuing investigation as also the trial, if any. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge 1st Sasaram, Rohtas in connection with Nokha P.S. Case No. 133 of 2019 (POSCO Case No. 118 of 2019),

Patna High Court CR. MISC. No.8953 of 2020(2) dt.03-03-2020 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T