Shamnam @ Bibi Shabnam @ Shabnam Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11106 of 2025 Arising Out of PS. Case No.-62 Year-2022 Thana- MAHILA P.S. District- Araria ====================================================== Shamnam @ Bibi Shabnam @ Shabnam Khatoon W/O Itkhabur Rahman R/O Vill.- Balwat, ward no.- 11, P.S- Tarabadi,Dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Sabo Khatun D/O Late Nazamuddin R/O Vill.- Doria Sonpur, W.no.- 08, P.S.- Simrawa, Dist.- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case in connection with Mahila P.S. Case No. 62 of 2022 dated 22.12.2022 registered for the offence/s punishable u/s 341, 323, 376D, 372, 504 and 506/34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act, 2012.

3. As per the prosecution case, the co-accused, namely Md. Alam sexually exploited the informant and handed her over to the petitioner. The petitioner, who is the broker, subjected the informant in sexual exploitation by coercing her to engage in sexual acts with unknown men against her will and also physically assaulted her. The next day, on the pretext of getting treatment, the petitioner took the informant to a doctor of

Patna High Court CR. MISC. No.11106 of 2025(2) dt.09-05-2025 2/3 Rajokhar and she got sexually exploited for which the petitioner took Rs. 1500 from the doctor. The petitioner then attempted to sell the informant in other state. Later on, the informant managed to escape.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the medical report, the age of the victim is found to be 17-19 years and she is a major girl. There is no allegation of physical or sexual assault against the petitioner. The co-accused has already been granted anticipatory bail by the this Court vide order dated 22.02.2024 passed in Cr. Misc. No. 4412 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances as well as the materials available on the record, let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Mahila

Patna High Court CR. MISC. No.11106 of 2025(2) dt.09-05-2025 3/3 P.S. Case No. 62 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of her bail bond.

7. The application stands allowed.

(Chandra Prakash Singh, J) ajay/- U T