Isharun Begum @ Isharun Nisha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38550 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- MAHILA P.S. District- Kishanganj ====================================================== ISHARUN BEGUM @ ISHARUN NISHA W/o Tousif R/o Village- Aambari, P.S.- Garbandanga, District- Kishanganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-04-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in connection with Mahila P.S. Case No. 55 of 2019 instituted for the offences under Sections 341, 323, 376, 313 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

The 12 year old daughter of the informant was diagnosed to have become pregnant. On inquiry, it was learnt that one Md. Tausif had committed sexual intercourse with her. When the informant and others went to the house of the Md. Tausif, his brother and his two wives including the

Patna High Court CR. MISC. No.38550 of 2020(2) dt.16-04-2021 2/3 petitioner misbehaved with the informant and also assisted in getting his daughter aborted.

Learned counsel for the petitioner has submitted that the doctor who assisted in getting the abortion done has been granted anticipatory bail by this Court in Criminal Miscellaneous No. 18532 of 2020 vide order dated 03.09.2020. Apart from this, it has been submitted that Md. Tausif was taken into custody but he now has been granted bail. So far as the petitioner is concerned, it is only alleged against her that she misbehaved with the informant and also assisted in abortion of the victim.

Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge -I-cum-Special Judge, Kishanganj, in connection with Mahila P.S. Case No. 55 of 2019, subject

Patna High Court CR. MISC. No.38550 of 2020(2) dt.16-04-2021 3/3 to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T