Shabana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17134 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== Shabana Khatoon Daughter Of Shamsuddin Ansari R/V- Chakra, P.S- Siwan (Muffasil) In The District Of Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 366(A), 376/34 of the Indian Penal Code and Section 8/17 of POCSO Act.

The allegation against the petitioner and other co-accused is that they abducted the minor daughter of the informant with an intention to solemnization of marriage.

Patna High Court CR. MISC. No.17134 of 2023(2) dt.29-04-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From perusal of the impugned order it is apparent that victim recovered and she has stated, in her statement under Section 164 of Cr.P.C., that co-accused Aftab has committed rape with her. Moreover, the petitioner is languishing in judicial custody since 21.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, petitioner being a lady as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pachrukhi P.S. Case No. 206 of 2022 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17134 of 2023(2) dt.29-04-2023 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge VI-cum-Special Judge, POCSSO, Siwan.

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