Shakina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48844 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

Shakina Khatoon Wife of Late Md. Bablu Resident of village - Zero mile Gulabbagh, P.S.- Sadar, District - Purnea.

2.

Manju Khatoon Wife of Md. Salim Resident of village - Zero mile Gulabbagh, P.S.- Sadar, District - Purnea.

.. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2023 1.

Heard learned counsel for the petitioners and learned APP for the State.

2.

Petitioners seek regular bail in connection with Sadar P.S. Case No.434 of 2023 dated 14.05.2023 registered for the offence/s punishable under Section/s 341, 342, 353, 366(A), 370(A), 370(s), 371, 372, 373, 376 and 120(B) of the Indian Penal Code, Section/s 3, 4, 5, 6, 7 and 9 of Immoral Traffic Act Section/s 75, 81 and 84 of the J.J. Act and Section/s 3, 4, 5, 6, 7, 8, 9 and 10 of the POCSO Act.

3.

The main submissions advanced by the learned counsel for the petitioners are that against both the petitioners there is criminal antecedent of one case in which they are on bail, there is no specific allegation against the petitioners in the FIR and several persons have been named in the FIR and the petitioners are women and have been

Patna High Court CR. MISC. No.48844 of 2023(2) dt.04-08-2023 2/2 languishing in jail since 14.05.2023 and against them the investigation has been completed. Further submissions are that both the petitioners have been made accused merely on the basis of suspicion and when the police raided the place of occurrence only two victim girls were found who are major and they have not made specific allegation against the petitioners and moreover the victim girls were not recovered from the house of the petitioners.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the facts that the petitioners are women and against them the investigation has been completed and as per FIR the main allegation levelled by the victim is against co-accused Md. Saffo and Meena Khatoon, in my opinion it is a fit case for bail to the petitioners. Accordingly, let the petitioners named-above be released on bail in connection with Sadar P.S. Case No.434 of 2023 on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T