This order grants bail to Nazra Khatoon, mother of the accused involved in a POCSO and rape case, subject to ₹10,000 bond and witnesses protection conditions.
Released on bail on furnishing bond of ₹10,000 with two sureties of like amount subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15692 of 2022
Arising Out of PS. Case No.-16 Year-2021 Thana- MAHILA P.S BAGHA District- West
Champaran
======================================================
Nazra Khatoon Wife Of Nawi Hasan Resident Of Village- Sohsa Phulwariya, P.S. Ram Nagar, District- West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s : Mr.Ajit Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 14-07-2022 Heard counsel for the parties.
The petitioner is in custody in connection with Bagaha Mahila P.S. Case No. 16 of 2021 under sections 341, 323, 376, 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act read with Section 4 of POCSO Act.
Allegation in the FIR is that one Zahid Alam on the pretext of marrying the informant made physical relationship with her for three months and when she requested to solemnize marriage, it is alleged that she was beaten and thrown on the road.
The petitioner is mother of the said Zahid Alam. The specific role has been attributed to her son of making
Patna High Court CR. MISC. No.15692 of 2022(2) dt.14-07-2022 2/3
physical relationship with the minor girl on the pretext of marrying her. She has been in custody since 9.11.2021 (as stated in para-19 of the bail application).
Taking into account the aforesaid fact that the allegation is against Zahid Alam and she is in custody since 9.11.2021 and the charge-sheet stands submitted, Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Additional District & Sessions Judge-VIIth cum Special Judge, POCSO, West Champaran, Bettiah, in Bagaha Mahila P.S. Case No. 16 of 2021 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail her cancellation of bail by the Trial Court itself;
(iv) she shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.15692 of 2022(2) dt.14-07-2022 3/3
cancellation of her bail bonds;
With the aforesaid observations, the bail
application is allowed.
(Rajiv Roy, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner accused under sections 376 and 34 of IPC and POCSO Act is entitled to bail pending trial.
3 provisions across 3 enactments
Nazra Khatoon
State of Bihar
Rajiv Roy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajiv Roy
Parties & counsel
