Rabina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34115 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -DUMRA District- SITAMARHI ====================================================== Rabina Khatoon wife of Chhote Nut R/o village- Paroha, P.S.- Dumra, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Dumra P.S. Case No. 40 of 2015 registered under Sections 363, 366A, 372, 373, 120B of the I.P.C., 4 of POCSO Act and Sections 4 and 6 of Immoral Trafficking Act.

The allegation of informant Mahendra Sah Kanu is that on 05.02.2015, he along with his wife and daughter aged about 14 years went to Mahavir Temple for worship. In front of gate of the Temple, petitioner along with her husband Chhote Nut and one other person was present. When the informant along with his wife was returning from worship, he found his daughter missing. While he made search of his daughter, but no trace was

Patna High Court Cr.Misc. No.34115 of 2016 (2) dt.17-08-2016 2/2 found.

Learned counsel appearing on behalf of the petitioner submits that while the occurrence is of 05.02.2015 but the F.I.R. is lodged on 15.02.2015. It has come only in course of investigation that on the basis of confessional statement of Chotte Nut, husband of the petitioner, the daughter of the informant was recovered from the house of Juhi Kumari. Further submission is that petitioner has falsely been implicated in this case, as he is the wife of co-accused Chhote Nut on whose confessional statement, the daughter of the informant was recovered from the house. Moreover, petitioner is in custody since 17.02.2015.

Having considered the facts and circumstances of the case, let the above named petitioner 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 1st Additional Sessions Judge-cum-Special Judge, Sitamarhi in connection with Dumra P.S. Case No. 40 of 2015. Out of two sureties, one surety must be parents or close relatives of the petitioner. (Rajendra Kumar Mishra, J) Shail/- U T