Fatma Khatoon v. The State Of Bihar
Patna High Court Cr.Misc. No.29934 of 2016 (2) dt.24-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29934 of 2016 Arising Out of PS.Case No. -77 Year- 2015 Thana -MAHILA P.S. District- MADHUBANI ====================================================== Fatma Khatoon Wife of Md. Mukhtar Resident of village- Arer, P.S.- Arer, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Malay Kumar Choudhary For the Opposite Party/s : Mr. Sri Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends her arrest in connection with Madhubani Mahila P.S. Case no. 77 of 2015 for the offences registered under Sections 376, 506, 120(B) and 313/34 of the Indian Penal Code and Section 4 of Protection of Children from Sexual Offence Act, 2012 (POCSO).
Learned counsel for the petitioner submits that the main allegation is against one Md. Javed and the petitioner is said to have abetted the occurrence. Learned counsel for the petitioner further submits that it was a case of love affairs and therefore, the petitioner may not be prosecuted. Having considered the facts and circumstances of the
Patna High Court Cr.Misc. No.29934 of 2016 (2) dt.24-08-2016 case and the nature of allegation made in the first information report, let 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional District Judge -I (Special Judge), Madhubani in connection with Madhubani Mahila P.S. Case No. 77 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) Jagdish/- U T