Sitara Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51643 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- KADWA District- Katihar ====================================================== Sitara Khatoon WIFE OF MD. AJIMUDDIN @ AZAM VILLAGESARARIYA, PO- PARBHELI, PS- KADWA, DIST- KATIHAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Juber Son Of Late Muddin R/O- Village- Parbheli, P.S.- Parbheli, P.S.- Kadwa, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Narayan Yadav,Adv For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kadwa P.S. Case No. 99 of 2023 dated 18.05.2023 registered for the offences punishable u/ss 363, 364, 366, 366A, 120B of the Indian Penal Code and section 3⁄4 of the POCSO Act.

3. As per the prosecution case, the co-accused persons and two unknown persons are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a lady. The allegation against the petitioner is of

Patna High Court CR. MISC. No.51643 of 2024(3) dt.22-08-2024 2/2 getting the victim married to the co-accused Tinku. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. Similarly situated co-accused has already been granted bail by this court vide order dated 01.08.2024 passed in Cr. Misc. No. 52926 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Kadwa P.S. Case No. 99 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T