Basrin Khatun @ Basirin Khatoon @ Basiran Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66920 of 2025 Arising Out of PS. Case No.-220 Year-2024 Thana- NIRMALI District- Supaul ====================================================== Basrin Khatun @ Basirin Khatoon @ Basiran Khatoon, aged about 41 years (Male), W/o- Late Md. Nasruddin @ Md. Nasir @ Md. Nasir Mahrum, R/O Village - Majhari, Ward No. 5, P.S.- Nirmali, District - Supaul ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Victim, D/o- Md. Safique Rahman, R/O Village - Majhari, Ward No. 5, P.S- Nirmali, District - Supaul ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Manoj Kumar Singh, Advocate For the State :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has prayed for regular bail in connection with Nirmali P.S. Case No. 220 of 2024 (POCSO)) Case No. 155 of 2024) registered for the offences punishable under Sections 191(2), 126(2), 127(2), 115(2), 352, 65, 89 of the B.N.S., 2023 and Sections 4, 6, 8 and 12 of the POCSO Act.

3. The prosecution case, in brief, is that the son of the petitioner has committed rape on the minor daughter of the informant and he continued to make physical relationship with the victim on false promise of marriage, due to which, she became pregnant which was aborted by the accused by giving

Patna High Court CR. MISC. No.66920 of 2025(2) dt.13-10-2025 2/3 abortion pills to her.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case. It is further submitted that no such occurrence took place at all rather only to take advantage of marriage with the son of the petitioner, the present false case has been filed against the petitioner and her entire family members. It is further submitted that in fact, the father of the informant has proposed the marriage of her daughter before the husband of the petitioner who flatly refused to do that as he is the co-villager.

After sometime, he again came to the petitioner's husband alongwith the local Mukhiya who also pressurized to marry his son with the informant saying that he is strong supporter but the husband of the petitioner again refused to do the same and thereafter the local Mukhiya took it on ego and on his instance, the informant has lodged the present false case against the petitioner and her entire family members. There is general and omnibus allegation against the petitioner. It is further submitted that only specific allegation has been made against the main co-accused Md. Hakim who is the son of the petitioner and Md. Hakim has been granted bail by the learned court below itself. The other coaccused person, namely, Md. Sadique @ Md.

Patna High Court CR. MISC. No.66920 of 2025(2) dt.13-10-2025 3/3 already been granted bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 64718 of 2025 vide order dated 18.09.2025. The petitioner is a lady. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. She is in custody since 19.07.2025 in this case.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Act, Supaul in connection with Nirmali P.S. Case No. 220 of 2024 (POCSO) Case No. 155 of 2024).

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T