Samina Khatoon @ Samima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63800 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- BARH District- Patna ====================================================== Samina Khatoon @ Samima Khatoon, W/o Safi Ahmad Qureshi, resident of Mohalla- Mir Mohalla Ward no. 18, P.S. Barh, Dist.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Barh P. S. case no. 18/2018, Special POCSO case no.09/2018. Petitioner happens to be mother of the main accused, namely, Reyaz Qureshi who allegedly used to tease the victim. The present case has been instituted under section 354B of the IPC and section 8 of the POCSO Act. Section 354B of the IPC is not applicable against a woman and so far as section 8 of the POCSO Act is concerned, no specific overt-act has been attributed against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/

Patna High Court Cr.Misc. No.63800 of 2018(2) dt.12-12-2018 2/2 surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge I-cum- Special Judge, POCSO, Patna in Barh P. S. case no. 18/2018, Special POCSO case no.09/2018 subject to condition as laid down under section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) s.hassan/- U T