Khushboon Khatoon @ Khusboo Khatoon @ Khusbun Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.315 of 2025 Arising Out of PS. Case No.-36 Year-2024 Thana- Jagdishpur District- West Champaran ====================================================== Khushboon khatoon @ Khusboo Khatoon @ Khusbun Khatoon W/o- Murtuja Miyan @ Martuja Miyan Village- Bahuarwa ward no 9 Ps- Jagdishpur District-West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X (Imaginary Name of the Informant) S/o- Late Sahbir Ram VillageBahuarwa Ps- Jagdishpur Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2025 Heard learned counsels for the parties.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code, Section 3(i)(r)(s) of the SC/ST Act and Section 8 of the POCSO Act.

3. As per prosecution case, on 23.05.2024 at about 3 PM, daughter of informant went to the field to attend call of nature but she did not return. During search, informant came to know that in a pre-planned conspiracy, all the F.I.R. named accused persons, including this petitioner, enticed away the victim for her marriage with co-accused Chand Mohammad Mansuri.

Patna High Court CR. MISC. No.315 of 2025(2) dt.05-03-2025 2/3

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has falsely been implicated in this case. As a mater of fact, daughter of informant, who is a major, herself left her house out of her own sweet will with her friend Chand Mohammad Mansuri. From bare perusal of the F.I.R. it is apparent that at best the only allegation against this petitioner is that she used to instigate the victim to meet coaccused Chand Mohammad Mansuri and there is no allegation of overt act against this petitioner. Charge-sheet has already been submitted and petitioner is in custody since 18.11.2024. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, rival submissions, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge

Patna High Court CR. MISC. No.315 of 2025(2) dt.05-03-2025 3/3 6th-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Jagdishpur P.S. Case No. 36 of 2024. (Prabhat Kumar Singh, J) shashank/- U T