Akhtari Khatoon @ Akbari Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26971 of 2017 Arising Out of PS.Case No. -54 Year- 2016 Thana -MAHILA P.S. District- NAWADA ====================================================== Akhtari Khatoon @ Akbari Khatoon W/o Kausar Khan, Resident of Village- Thali Khurd, P.S.- Govindpur, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 16.05.2017 in connection with Special (POCSO) Case No. 28 of 2016 arising out of Mahila (Nawada) P.S. Case No. 54 of 2016 registered for the offence punishable under Sections 376, 313, 504, 506/34 of the Indian Penal Code and Section 4 of the POCSO Act.

The prosecution case is that one Ejaj Khan established physical relation with the informant and while she was pregnant, he gave her medicine to drink which resulted in termination of pregnancy. Allegation in the First Information Report is that the said accused Ejaj Khan wants to marry the informant, but the

Patna High Court Cr.Misc. No.26971 of 2017 (3) dt.19-06-2017 2/2 petitioner, who is the mother of Ejaj Khan and father are creating obstacles.

It has been submitted by the learned counsel for the petitioner that she bears no criminal history and is not named in the First Information Report and being mother of the accused Ejaj Khan, she has been roped in the aforesaid case. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, Nawada in connection with Special (POCSO) Case No. 28 of 2016 arising out of Mahila (Nawada) P.S. Case No. 54 of 2016.

(Nilu Agrawal, J.) Arjun/- U T