Bibi Samuna Khatun @ Chuniya @ Afsana Khatun v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35563 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Bibi Samuna Khatun @ Chuniya @ Afsana Khatun W/o Md. Sawab, Resident of Village- Bhagwatpur, Ward No. 10, P.S.- Chhatapur, DistrictSupaul. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 23.04.2017 in connection with Chhatapur P.S. Case No. 14/2017 for offences punishable under Sections 363, 365, 120-B of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that his 14 year old son went to Ursh Mela along with petitioner and three other co-accused without his permission and did not return.
It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and in paragraph 18 of the case diary Baba of Simraha Dargah has stated
Patna High Court Cr.Misc. No.35563 of 2017 (3) dt.12-09-2017 2/2 that the victim stayed there for one day and went away, as such, the allegation upon the petitioner is false. He submits that the petitioner is a lady, a house wife and charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.
However, learned APP for the State opposes the prayer for bail stating therein that the victim boy has not yet been traced out.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-IV, Supaul, in connection with Chhatapur P.S. Case No. 14/2017, subject to the condition that both the bailors would be close relatives of the petitioner. (Nilu Agrawal, J) Rajesh/- U T