Taibun Bibi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.635 of 2021 Arising Out of PS. Case No.-118 Year-2020 Thana- KATORIYA District- Banka ====================================================== TAIBUN BIBI W/O MOLU MIYA RESIDENT OF VILLAGE-JUGALIRAI KURA, P.S.-KATORIA, DISTRICT-BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-03-2021 Heard Mr. Brij Nandad Prasad, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Katoria P.S. Case No. 118 of 2020 registered for the offence punishable under Section 376 of the Indian Penal Code 1860 and Sections 4/8 of POCSO Act.
The allegation as per the First Information Report is that the son of the petitioner Tabarak Ansari established physical relationship with the informant on the pretext of marriage and when the parents of the victim-informant complained about the same before the petitioner, she refused to follow the decision of the Panchayat.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.635 of 2021(3) dt.26-03-2021 2/2 petitioner has not committed any offence in the manner alleged and she has falsely been implicated in this case merely because that she is the mother of the co-accused Tabarak Ansari. Learned counsel further submits that the petitioner is in custody since 15.9.2020 and she has got no criminal antecedent. Having regard to the submissions made by the parties and taking into consideration the materials on record and the nature of allegation, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum Special Judge (POCSO), Banka, in connection with Katoria P.S. Case No. 118 of 2020.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T