Patna High CourtCR. MISC./35117/2015bail granted

Afroza Khatoon @ Ma Afroza Khatoon v. The State Of Bihar

2015-08-27Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.35117 of 2015 (2) dt.27-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35117 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Afroza Khatoon @ Ma Afroza Khatoon W/o Nasiruddin Resident of Village - Chikani, P.S. & District - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-08-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Araria Mahila P.S. Case No. 17 of 2015 registered for the offences punishable under Sections 313, 376, 493/34 of the Indian Penal Code.

The son of the petitioner and the informant being in love affairs established physical relationship resulting informant became pregnant and thereafter, it is alleged that the petitioner deceitfully gave medicine to the informant resulting in abortion. Submission is of false implication and that good sense has been prevailed between the parties and compromise petition has also been filed in the court below. The doctor has not

Patna High Court Cr.Misc. No.35117 of 2015 (2) dt.27-08-2015 found any sign of abortion and no offence under Sections 376 or 313 of the Indian Penal Code is made out against the petitioner and, as such, she deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above and considering that the doctor has not found any sign of abortion, the petitioner above named, in case of her surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Araria Mahila P.S. Case No. 17 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T