Shabana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51888 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- DINARA District- Rohtas ====================================================== Shabana Khatoon D/O Maqsood Alam Resident Of Village- Parasiya Khurd, P.S.- Dawath, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-03-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

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

Petitioner seeks regular bail in connection with Dinara P.S. Case No. 183 of 2022 registered for the offences punishable under Sections 366-A, 34, 376-D, 120B of the Indian Penal Code and Sections 4, 8 and 12 of the POCSO Act. As per the prosecution, the informant Ram Pravesh Paswan alleged that his minor daughter aged about fourteen

Patna High Court CR. MISC. No.51888 of 2022(4) dt.14-03-2023 2/3 years along with two other girls went missing from the alleged date and time and thereafter the victims were raped and molested by the co-accused persons and petitioner took the victims with her to the company of co-accused. The main submissions advanced by petitioner's counsel are that though the petitioner is named in the FIR and as per the statements of the so-called victims the main allegation against the petitioner is that she took the victims along with her and helped the co-accused persons in taking away the victims but it came into light in the statement of one victim that the petitioner herself was one of the victims and the petitioner has been languishing in jail since 26.07.2022 having fair and clean antecedent and she is a twenty one year old lady. Learned APP appearing for the State has opposed the prayer for bail.

Considering the above submissions and mainly the facts that the trial of the petitioner has started and the petitioner is stated to be a young lady, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Dinara

Patna High Court CR. MISC. No.51888 of 2022(4) dt.14-03-2023 3/3 P.S. Case No. 183 of 2022.

(Shailendra Singh, J.) maynaz/- U T