Patna High CourtCR. MISC./69770/2019allowed

Rani Khatoon v. The State Of Bihar

2020-06-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69770 of 2019 Arising Out of PS. Case No.-305 Year-2019 Thana- BALIYA District- Begusarai ====================================================== 1.

Rani Khatoon D/o Shankar Khalifa 2.

Juhi Khatoon Wife of Shankar Khalifa Both resident of Village - Satti Chaura, Chhoti Ballia, Ward No. 14, P.S.- Ballia, District - Begusarai.

... ... Petitioners

Versus

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

For the Petitioner :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party :

Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-06-2020 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Ballia P.S. Case No. 305 of 2019 for the offence under Sections 364, 366A, 367, 370, 370A, 371, 372, 373, 376 and 120B/34 of the Indian Penal Code; Sections 3, 5, 6, 7 and 8 of the Immoral Traffic Act; and Sections 4, 6, 12 and 17 of the POCSO Act.

Learned counsel for the petitioners submits that there is one case pending against the petitioner no. 1 whereas petitioner no. 2 has no criminal antecedent and they are in custody since 06.08.2019.

Patna High Court CR. MISC. No.69770 of 2019(4) dt.03-06-2020 2/2 Referring to the statements of the victim girls, learned counsel for the petitioners submits that the victims of this case have not stated anything against the petitioners. Learned counsel would submit that the statements of the victims recorded under Section 164 of the Cr.P.C are not against the petitioners. The petitioners are in custody since 06.08.2019.

Considering the fact that the petitioners have remained in custody for more than nine months, the Court is inclined grant bail to them. The petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Begusarai in connection with Ballia P.S. Case No. 305 of 2019. (Anil Kumar Upadhyay, J) BT/- U T