Mudo Khatun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68387 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== 1.

Mudo Khatun, aged about 38 years, Female, W/o Md. Abbas 2.

Sadana Khatoon, aged about 37 years, female, W/o Md. Visar @ Md. Vasir 3.

Akhtari Khatoon, aged about 61 years, female, W/o Late Mohid 4.

Sabina Khatoon @ Samina Khatoon, aged about 35 years, female, W/o Md. Rashid 5.

Sabana Khatun @ Shavnam Khatun, aged about 33 years, female, W/o Md. Azim All resident of Village - Parora, P.S.- Khodawandpur, (Chhorahi O.P.), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with POCSO Case No. 17 of 2019 arising out of Khodawandpur (Chhorahi) P.S. Case No. 43 of 2019 registered for offences under sections 120B, 323, 324, 307, 380, 406, 376, 498A, 504 of the Indian Penal Code and Section 3⁄4 of the POCSO Act.

The petitioners are the family members.

As per allegation, one Md. Mozim has committed

Patna High Court CR. MISC. No.68387 of 2019(3) dt.06-03-2020 2/3 rape upon the victim girl and that was photographed and, on that strength, time and again, he committed rape upon her, whereafter, she became pregnant, later on, under the pressure, the marriage was solemnized between them. Thereafter, she was blessed with the girl child due to which entire family members became annoyed and started to pressurize her to kill the girl child but, she refused to do so.

So far the commission of rape is concerned, it has been stated that Md. Mozim has solemnized marriage with the victim girl.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Jduge, 1st cum Special Judge, POCSO Act, Begusarai in connection with POCSO Case No. 17 of 2019 arising out of Khodawandpur (Chhorahi) P.S. Case No. 43 of 2019 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain

Patna High Court CR. MISC. No.68387 of 2019(3) dt.06-03-2020 3/3 present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T