Patna High CourtCR. MISC./49783/2018bail granted

Bibi Mahjabi Khatoon v. The State Of Bihar

2018-08-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49783 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -RUPAULI District- PURNIA ======================================================

1. Bibi Mahjabi Khatoon wife of Md. Waris, resident of Maini Santhali Tola, Police Station- Rupauli, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Spl. Case (POCSO) Act No.02 of 2018/CIS No.02 of 2018 (arising out of Rupauli P.S. Case No.02 of 2018) registered for offences punishable under Sections 376, 511, 225, 120-B of the Indian Penal Code and Section 8 of POCSO Act. As per F.I.R., allegation against the petitioner along with others is of attempt to commit rape upon the informant and after that, they fled away.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and there is no specific allegation against the petitioner, who is a lady, regarding involvement in the alleged occurrence and except the

Patna High Court Cr.Misc. No.49783 of 2018 (2) dt.29-08-2018 2/2 present case, there is no other case is pending against the petitioner and petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Purnea, in connection with Spl. Case (POCSO) Act No.02 of 2018/CIS No.02 of 2018 (arising out of Rupauli P.S. Case No.02 of 2018), subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T