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Patna High CourtCR. MISC./13713/2023allowed

Shahina Khatun @ Sima v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13713 of 2023 Arising Out of PS. Case No.-119 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== Shahina Khatun @ Sima Wife Of Md. Sarfaraz Ansari R/O Barah Patthar Dehri, P.S.- Nagar Thana, Dehri, District- Rohtas (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ful Man Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A of the Indian Penal Code and Section 12 of POCSO Act. As per FIR, the allegation against the co-accused persons is that they sold the daughter of the informant and they also committed rape to her daughter.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. The petitioner has no concern with the alleged occurrence and he is also not named in the FIR. She has got no criminal antecedent. As per

Patna High Court CR. MISC. No.13713 of 2023(3) dt.19-06-2023 2/2 statement of the victim recorded under Section 164 of the Cr.P.C. wherein she has not stated about the complicity of the petitioner in this alleged occurrence. It is further submitted that the petitioner is languishing in judicial custody since 16.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Karakat P.S. Case No. 119 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-VII-cum-Exclusive Special Court POCSO Rohtas at Sasaram.

(Sunil Kumar Panwar, J) manishkumar/- U T