Patna High CourtCR. MISC./4776/2018allowed

Sakhawat Safi v. The State Of Bihar

2018-02-23Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.4776 of 2018 (4) dt.23-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4776 of 2018 Arising Out of PS.Case No. -153 Year- 2017 Thana -MAHILA P.S District- SUPAUL ====================================================== Sakhawat Safi, S/o Chhotai Safi, Resident of Village- Bampur, Ward No.3, P.S.- Chhatapur, District- Supaul. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Bhushan Das For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-02-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody, seeks bail in Supaul Mahila PS Case No. 153 of 2017 registered under Sections 376, 506, 313 of the IPC and Section 4/6 of the POCSO Act.

The allegation in brief is that four months back Jamil kidnapped her, brought to the uncle's house of the petitioner and raped. It is alleged that petitioner also asked her not to disclose this fact and the daughter-in-law gave some medicines so she aborted Submission is that the allegation of kidnapping or abduction is false and fabricated, her parents or any member of the family did not lodge any case within four months rather she had affair with Jamil, another co-accused, nephew of the petitioner, later on she wanted to marry with him when the petitioner objected he was implicated in this case and there is no allegation of committing rape by this petitioner.

Having considered the said facts and circumstances, the petitioner Sakhawat Safi is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, lst Supaul in connection with Supaul Mahila PS Case No. 153 of 2017. Snkumar/- (Arun Kumar, J.) U T