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Patna High CourtCR. MISC./76337/2023allowed

Roshani Khatoon @ Roshan Khatoon @ Roshani v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76337 of 2023 Arising Out of PS. Case No.-1069 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Roshani Khatoon @ Roshan Khatoon @ Roshani Wife Of Billo Khaliffa Resident Of Bohatola Khajurbanni Ward No.9, P.S. - Sitamarhi, District - Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 370, 370(A), 372, 373, 376, 120(B)/34 of the Indian Penal Code, 3, 4, 5, 6 of the Immoral Traffic Act, section 75 of the J.J. Act and sections 4/6 of the POCSO Act.

3. As per prosecution case, some girl are said to have been recovered from house of the Bilo Khalifa and others. This petitioner is wife of Bilo Khalifa and allegation against her that she was indulged in trafficking of girls.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.76337 of 2023(4) dt.08-01-2024 2/2 petitioner is only wife of the co-accused Bilo Khalifa due to which she has falsely been implicated in this case. The alleged girls were recovered from house of co-accused Billo Khalifa @Billo Miyan who has already been enlarged on bail granted by this co-ordinate Bench of the Court vide order dt. 29.3.2022 passed in Cr. Misc. No. 42836 of 2021 which is also evident from Annexure-2. It is further submitted that the petitioner has got no criminal antecedent and she is languishing in judicial custody since 15.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as the petitioner is a lady and her period of custody, this court is inclined to enlarge her on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi P.S. Case No. 1069 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VICum Special Judge (POCSO Act), Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T