Patna High CourtCR. MISC./1083/2018bail granted

Hasina Khatoon v. The State Of Bihar

2018-01-08Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1083 of 2018 Arising Out of PS.Case No. -61 Year- 2016 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Hasina Khatoon, wife of Ali Mian, resident of Village- Parsauna Tapsi, P.S.- Palanwa, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 323, 342, 372, 379, 376, 366A, 420, 498A, 506 of the Indian Penal Code but charge sheet has been submitted under Sections 323, 342, 372, 379, 376, 366A, 420, 498A, 506 and 3⁄4 of POCSO Act.

The allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of the demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.09.2017. The charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.1083 of 2018 (2) dt.08-01-2018 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is an old lady. The other co-accused have been granted bail vide Annexure-2 to the present application. The petitioner has further relied upon the judgment of this court, in the case of Md. Naimul Haque Ansari Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the state, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 learned 1st Additional Sessions Judge-cum-Special Judge, POCSO, East Champaran at Motihari, in connection with Palnawa P.S. case No.61 of 2016. (Sudhir Singh, J) Amit/- U T