Rozita Khatoon v. The State Of Bihar
Patna High Court Cr.Misc. No.16323 of 2015 (2) dt.25-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16323 of 2015 Arising Out of PS.Case No. -190 Year- 2014 Thana -CHHATAPUR District- SUPAUL ======================================================
1. Rozita Khatoon wife of Md. Jaleel Resident of village- sohta, Police station- Chhatapur, District- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr. Ram Anurag Singh(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 25-06-2015 Heard both sides.
The petitioner seeks anticipatory bail in Chhatapur P.S.Case No.190 of 2014 under Sections 376,315,323 and 504/34 Indian Penal Code. Some of the facts are undisputed that the lady informant was aged 18 years and that she had consented sexual intercourse with the son of the petitioner and on that account she bore a child in her womb. Subsequently, when the matter came into the light, it was stated that by soliciting the services of a medical man, the pregnancy was got terminated and in spite of a Panchayati having been convened, the family refused to take the lady as the bride of the family.
Considering the undisputed fact which was alleged by a lady of 18 years and further considering the defence that the
Patna High Court Cr.Misc. No.16323 of 2015 (2) dt.25-06-2015 petitioner had nothing to do with the entire affair and he has been implicated only with a view to putting criminal pressure upon the family, the petitioner who happens to be the mother of the boy be directed to be released on anticipatory bail either in the event of her arrest by the police or surrender in the court below in connection with the above noted case on furnishing bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of SDJM, Supaul subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dharnidhar Jha, J) B.Kr./- U T