Nikhat Begum @ Nikahat Begum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62684 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- PIPRA District- East Champaran ====================================================== 1.

Nikhat Begum @ Nikahat Begum W/O Md. Salim R/O Vill - Sarifganj Rauta, P.S. - Rauta, Distt. - Purnea, Bihar 2.

Seema Khaton @ Rubi Khatoon W/O Md. Rajesh R/O Vill - Bahadurganj Saser, P.S. - Bahadurganj, Distt. - Kishanganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akshay Ashish For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Pipra P.S. Case No. 179 of 2023 registered under sections 363, 366A of the Indian Penal Code and Section 8 of the POCSO Act.

Prosecution case relates to kidnapping of minor daughter of the informant by the petitioner along with other co-accused persons for illegal purpose.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.62684 of 2023(3) dt.18-10-2023 2/3 petitioner are innocent and have committed no offence. They have falsely been implicated in this case. There is delay of seven months in lodging the FIR. There is no specific overt act of commission of abduction of the victim against the petitioners and also no they have not committed wrong with the victim. The only allegation against these petitioners is that they assisted co-accused persons in commission of wrong with the victim. It is further submitted that the person who abducted the victim, has already been granted bail by this Court vide order dated 09.10.2023. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 10.06.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Pipra P.S. Case No. 179 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.62684 of 2023(3) dt.18-10-2023 3/3 like amount each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge, POCSO, Motihari, East Champaran.

(Sunil Kumar Panwar, J) shubham/- U T