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Patna High CourtCR. MISC./30719/2023allowed

Sababun Khatoon @ Shababun Khatoon @ Sahabun Khatoon @ Sbabul Khatoon v. The State Of Bihar

2023-06-14Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30719 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Sababun Khatoon @ Shababun Khatoon @ Sahabun Khatoon @ Sbabul Khatoon, W/o Tunna Ansari, Resident Of Village- Semrabrit, Ward No. 12, P.S. Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Manjhauliya P.S. Case No. 86 of 2023 for the offence registered under Sections 363, 366(A), 506 and 34 of of the I.P.C. and Section 8 and 12 of the POCSO Act.

As per prosecution case, allegation against the petitioner and the other accused persons is that they have kidnapped the sister of the informant with intention to marry. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against all the co-accused persons. There is no specific allegation against the petitioner

Patna High Court CR. MISC. No.30719 of 2023(2) dt.14-06-2023 2/2 rather there is love affair between the victim girl and the FIR named co-accused Aamruddin Ansari and the petitioner is Pattidar and aunt of the said accused. He has further submitted that after completion of investigation, police submitted chargesheet against the petitioner under Section 323, 504 and 506/34 of the IPC. Petitioner has one criminal antecedent in which she is on bail. She is in jail custody since 27.01.2023. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, named above, 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 learned Special Judge (POCSO)-cum- Additional District Judge VIth, West Champaran, Bettiah in Majhauliya P.S. Case No. 86 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T