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Patna High CourtCR. MISC./14577/2015rejected

Mogal Khatoon v. The State Of Bihar

2015-07-09Mr. Justice Mihir Kumar Jha1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14577 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mogal Khatoon W/o Nooruddin Ansari Resident of Village Ghorpakari , P.s Enarwa, District West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. M. Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 09-07-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Section 4, 6, 14(2) of the Protection of Children from Sexual Offences Act, 2012, this Court is not impressed with the solitary submission that the petitioner is a lady, keeping in view that the allegation against her in F.I.R. also substantiated in course of investigation, is also only in respect of a victim lady.

Thus, this Court is not inclined to grant privilege of anticipatory bail to the petitioner and, her prayer for anticipatory bail is hereby rejected with an observation that if the petitioner surrenders before the court below and makes a prayer for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Mihir Kumar Jha, J) Rishi/- U T