Sofiya Parvin @ Madhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75707 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- PIPRA District- East Champaran ====================================================== SOFIYA PARVIN @ MADHU WIFE OF ABDUL SALAM RESIDENT OF VILLAGE - GULAB BAG RAJA NAGAR ZERO MILE HANSADAH PURNIYA, KABRISTAN TOLA, P.S. - SADAR PURNIYA, DISTRICT - PURNIYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. The allegation against the petitioner along with others is of abducting the minor daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. She has committed no offence. He submitted that the victim girl has been recovered and from the perusal of the victim's statement which has been recorded u/s 164 of the Cr.P.C., it appears that there is no specific overt

Patna High Court CR. MISC. No.75707 of 2023(2) dt.29-11-2023 2/2 against the petitioner rather the specific allegation of rape is against co-accused Deepak Kumar. There has been delay of about six months in lodging the FIR. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 10.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody and being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, POCSO, Motihari, East Champaran in connection with Pipra P.S. Case No. 179 of 2023. (Sunil Kumar Panwar, J) Arish/- U T