Patna High CourtCR. MISC./30345/2016bail granted

Khusboo Khatoon @ Nilofar Khatoon v. The State Of Bihar

2016-09-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30345 of 2016 Arising Out of PS.Case No. -347 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Khusboo Khatoon @ Nilofar Khatoon daughter of Sheikh Lukman resident of village-Shivrajpur,P.S. - Nautan, District-West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2016 Heard both sides.

The petitioner apprehends her arrest in Nautan P.S. Case No. 347 of 2015, registered for the offences punishable under Sections 376 and 366A of the Indian Penal Code. The victim filed a Complaint Case no. 02-C/2015 making allegation against Sheikh Bhutan and others that Sheikh Bhutan committed rape with her. All the accused persons confined her in a room on the basis of which the FIR was registered. It is submitted that the petitioner is not named in the FIR. The name of the petitioner figured in the case in the statement of the victim recorded under Section 164 of the Cr.P.C. in which she disclosed that the petitioner brought a plain paper on

Patna High Court Cr.Misc. No.30345 of 2016 (2) dt.14-09-2016 2/2 which her signature was taken.

Considering the allegation made against the petitioner and the fact that the name of the petitioner figured in the case in the statement of the victim recorded under Section 164 of the Cr.P.C. that the petitioner only brought a plain paper and asked to put signature thereon, the petitioner above named in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Sessions Judge-cum-Special Judge under POCSO Act, West Champaran, Bettiah in connection with Nautan P.S. Case No. 347/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T