Saiyda @ Nazma Khatoon @ Saiyda Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36064 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -BALIA District- BEGUSARAI ======================================================
1. Saiyda @ Nazma Khatoon @ Saiyda Khatoon, Wife of Shankar Khaliffa R/o Village - Chhoti Baliya, Satti Chaura, P.S. Baliya, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. Dr. Vijoya Lakshmi Singh, Adv.
Mr. Chandan Kumar Kashyap, Adv.
For the Opposite Party/s : Mr. Ram Bachan Singh, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-09-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Saiyda @ Nazma Khatoon @ Saiyda Khatoon, in connection with Baliya Police Station Case No. 62 of 2016 (POCSO Case No.10 of 2016), under Sections 341, 323, 363, 366A, 368, 370(A), 370(D), 372, 373 and 120B/34 of the Indian Penal Code, 3, 4, 5, 6 of the Immoral Traffic Act and 4/8 of POCSO Act.
Perused the above application and materials on record.
Heard Mr. Ashok Kumar Jha, learned Counsel for the petitioner, and Mr. Ram Bachan Singh, learned Additional
Patna High Court Cr.Misc. No.36064 of 2016 (2) dt.08-09-2016 2/3 Public Prosecutor, appearing on behalf of the State. Heard also learned Counsel, appearing on behalf of the informant. In view of the fact that the accused above-named has been in custody since 20.03.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Begusarai, in connection with Baliya Police Station Case No. 62 of 2016(POCSO Case No.10 of 2016).
This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or
Patna High Court Cr.Misc. No.36064 of 2016 (2) dt.08-09-2016 3/3 tamper with the evidence and shall appear, in the learned Court below, as may be directed.
In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T