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Patna High CourtCR. MISC./4922/2017dismissed

Noorie Khatoon v. The State Of Bihar

2017-03-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4922 of 2017 Arising Out of PS.Case No. -116 Year- 2015 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Noorie Khatoon, wife of Yusuf Maqbool, resident of Mohalla- Purani Quila, Police Station- Siwan Town, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-03-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Siwan Mahila P.S. Case No.116 of 2015 instituted for the offence under Section(s) 341, 323, 307, 326(a)/34 Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act, pending in the Court of the Chief Judicial Magistrate, Siwan. There is allegation against the petitioner in the farde-bayan that she took the informant, Simmi Khatoon, aged 11 years to Delhi and caused burn injury to her and also committed various atrocities along with co-accused Baba Alam. Case diary has been received. Statement of the victim girl, Simmi Khatoon, and her mother, Najma Khatoon,

Patna High Court Cr.Misc. No.4922 of 2017 (3) dt.17-03-2017 2/2 have been recorded under Section 164 Cr. P. C., which are available in para 56 of the case diary. The victim in her statement under Section 164 Cr. P.C. has stated that this petitioner used to assault her and also caused injury by hot knife and removed her nails with pliers. Injury Report of the victim is available at para 73 of the case diary, which fully supports the allegation as made against the petitioner by the victim in her statement under Section 164 Cr. P. C.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T