Razia Praveen @ Razia Perveen v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16776 of 2025 Arising Out of PS. Case No.-404 Year-2024 Thana- DEHRI TOWN District- Rohtas ====================================================== Razia Praveen @ Razia Perveen D/O- Md. Jamaluddin, W/O- Fahimuddin Ansari Resident Of Ward No 31, Neel Kothi, PS- Dehri Town, Distt.- Rohtas ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pradip Kumar Singh Son of Late Jitendranath Singh Resident of VillageTarbangla, Gali No. 8, Ward No. 38, P.S.- Dehri Town, Dist.- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamlesh Kumar Pathak, Advocate For the Opposite Party/s :
Ms. Anita Kumari, APP For the informant :
Mr. Mithilesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2025 Heard Mr. Kamlesh Kumar Pathak, learned counsel for the petitioner as well as Ms. Anita Kumari, learned Additional Public Prosecutor for the State and Mr. Mithilesh Kumar Singh learned counsel for the informant.
2. The petitioner is apprehending her arrest in connection with Dehri P.S. Case No. 404 of 2024, F.I.R. dated 13.06.2024 for the offences punishable under Section 354(A) of the Indian Penal Code, Section 67 of the I.T. Act, and Sections 15 and 14 of the POCSO Act.
3. According to prosecution case, the informant's daughter accused, namely, Tanveer Sohel enticed the informant's daughter to make an obscene video and to send the
2/4 said video on social media to him, thereafter, the accused person threatened her to make the said video viral, if she does not meet him due to which informant's daughter went under mental stress and tried to commit suicide.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case and from the perusal of the FIR, it appears that the petitioner is not named in the FIR and the name of the petitioner has been transpired during the investigation on the basis of the statement of the mother of the informant and there is specific allegation against the co-accused person, namely, Tanveer Sohel, who has been granted bail by the Juvenile Justice Board.
5. The learned Additional Public Prosecutor as well as learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts that the name petitioner has been transpired on the basis of the statement of the mother of the informant and the co-accused person, namely, Tanveer Sohel has been granted bail by the Juvenile Justice Board itself and the petitioner has been made accused in the present case made on the ground that she is the mother of the
3/4 co-accused, namely, Tanveer Sohel, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Magistrate-cumExclusive Special Judge (POCSO) Act, Rohtas at Sasaram in connection with Dehri P.S. Case No. 404 of 2024 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal/482(2) of the B.N.S.S., 2023 Procedure and with other following conditions:- i.
Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her
4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J.) Jyoti Kumari/- U T