Rozi Khatoon @ Rajia Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15779 of 2024 Arising Out of PS. Case No.-913 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Rozi Khatoon @ Rajia Khatoon Wife of Nazam Khan @ Nizamuddin Khan Resident of Village- Dholbajja, Ward No. 9, Police Station- Forbesganj, district- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bidhanesh Misra, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Forbesganj P.S. case No. 913 of 2021 instituted for the offences under Sections 365 and 366 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the sister of the informant informed the informant that she had been taken to some unknown place. The informant suspects that his sister may have fallen into the hands of human traffickers.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is not named in the F.I.R. On recovery, the statement of the victim

Patna High Court CR. MISC. No.15779 of 2024(2) dt.13-03-2024 2/2 has been recorded under Section 164 Cr.P.C. in which she stated that the petitioner asked her to talk to the co-accused Gajanand Mankar whereafter she left to meet her. Except the said statement, nothing has been found against this petitioner. From statement of the victim, it appears that she is major. No allegation of misbehavior has been levelled against the petitioner. The petitioner is in custody since 29.10.2023 and has no criminal antecedent. The victim girl has already married with one Gulam Quadir.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Forbesganj P.S. case No. 913 of 2021.

(Rudra Prakash Mishra, J) Pankaj/- U T