Azima Bewa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36433 of 2018 Arising Out of PS.Case No. -45 Year- 2015 Thana -GAYA KOTWALI District- GAYA ======================================================
1. Azima Bewa wife of Late Munshur Shekh Resident of Mirzapur, P.S.- Beldauga, District - Murshidabad (West Bengal). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in POCSO Case No. 46/2017, arising out of Kotwali P.S. Case No. 45/2015, instituted for the offences under Sections 370 and 376 of the Indian Penal Code read with Sections 4 and 6 of POCSO Act and Sections 3, 4, 5 and 7 of Immoral Trafficking Act.
Learned counsel for the petitioner has submitted that the petitioner is an old lady aged about 70 years. She is not named in the F.I.R. She has been arrested by the police merely on suspicion. She is in custody since 16.01.2018. None of the recovered girl has taken name of this petitioner. From the statement of girls, it does not appear that this petitioner was Mausi or Moshmi. In the
Patna High Court Cr.Misc. No.36433 of 2018 (4) dt.27-09-2018 2/2 written report, there is specific allegation against Chhaya Devi and her husband Panchu Singh.
Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 1st Additional Sessions Judge-cum-Special Judge (POCSO Act), Gaya in connection with POCSO Case No. 46/2017, arising out of Kotwali P.S. Case No. 45/2015, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J.) Rakhi U T