Pinki Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8343 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== PINKI KHATOON Wife of Md. Sunny Resident of village - Purnea City (Bairbanna), P.S.- Sadar, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363 and 376D of the IPC, Sections 4/6 of the POCSO Act and Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act.

As per prosecution case, the informant's daughter was going to coaching at Mangala Asthan along with her two brothers. It is further alleged that the informant's daughter did not reach there and her family members started to search but she

Patna High Court CR. MISC. No.8343 of 2023(3) dt.08-05-2023 2/3 was traceless.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. Petitioner is not named in the FIR. The victim girl has been recovered and medically examined, after examination the doctor observed in the report, that there is no external injury on the body of the private parts except mild abrasion upon the left hand. He submitted that petitioner is a lady and has been made accused only for the reason that her husband namely, Md. Sunny has been made accused. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 22.10.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as petitioner 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 Additional Sessions Judge-VI-cum-

Patna High Court CR. MISC. No.8343 of 2023(3) dt.08-05-2023 3/3 Special Judge, POCSO Court, Nalanda in connection with Laheri Muhalla P.S. Case No. 520 of 2022.

(Sunil Kumar Panwar, J) arish/- U T