Patna High CourtCR. REV./856/2014allowed

Simran @ Suhana Parween And ANR. v. The State Of Bihar

2015-02-26Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 856 of 2014 Arising out of P.S. Case No. -163 Year- 2014 Thana -Sadar District- PURNIA ========================================================

1. Simran @ Suhana Parween minor daughter of Md. Farzan Alam, under natural guardianship of her mother Sabnam Khatun.

2. Shahin Parween minor daughter of Md. Manjur Alam, under natural guardianship of her mother Zaineb Khatun Both are residents of Sonauli Chowk Roa, Gulab Bagh, P.S. Sadar, District - Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Respondent/s ======================================================== Appearance :

For the Petitioner/s : Md. Ziaul Quamar, Adv. For the Respondent/s : Mr. Gopesh Kumar, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 26-02-2015 The present Criminal Revision Application is directed against the order dated 09.07.2014 passed by the 1st Additional Sessions Judge, In-charge-cum-Special Judge (POCSO Act), Purnea in Special Case No. 11 of 2014 arising out of Sadar P.S. Case No. 163 of 2014 whereby prayer for bail of the Petitioners has been rejected.

It has been submitted that the Petitioners are victims and were got released from captivity with help of Mahila Help Line, Purnea and they are erroneously confined in Child Help Line, Purnea since 02.04.2014. Considering the aforesaid as also the Petitioners'

Patna High Court CR. REV. No.856 of 2014 dt.26-02-2015 brother undertake their responsibility, the order dated 09.07.2014 passed by the 1st Additional Sessions Judge, In-charge-cum-Special Judge (POCSO Act), Purnea in Special Case No. 11 of 2014 arising out of Sadar P.S. Case No. 163 of 2014 is, hereby, set aside.

The Petitioners are directed to be released in favour of the Petitioners' brother after due verification of documents and the undertaking from them that they will not exploit or permit exploitation of the Petitioners in any manner.

This application is allowed with the aforesaid observations.

Vikash/- (Anjana Prakash, J.) U T