Patna High Court - Orders
Rahul Khalifa vs The State Of Bihar on 26 April, 2024
Author: Shailendra Singh
Bench: Shailendra Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2539 of 2022
Arising Out of PS. Case No.-305 Year-2019 Thana- BALIYA District- Begusarai
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1. NAJMA KHATUN W/o Shankar Khalifa @ Shankar Nut R/o village- Satti
Chaura, Chhota Ballia, P.S.- Ballia, District- Begusarai
2. Juhi Khatun W/o Shankar Khalifa @ Shankar Nut R/o village- Satti Chaura,
Chhota Ballia, P.S.- Ballia, District- Begusarai
3. Rani Khatun D/o Shankar Khalifa @ Shankar Nut R/o village- Satti Chaura,
Chhota Ballia, P.S.- Ballia, District- Begusarai
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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with
CRIMINAL APPEAL (SJ) No. 2807 of 2022
Arising Out of PS. Case No.-305 Year-2019 Thana- BALIYA District- Begusarai
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1. RAHUL KHALIFA S/o Shankar Khalifa @ Shankar Nut Resident of
Village- Satti Chaura, Chhota Ballia, P.S.- Ballia, Districrt- Begusarai.
2. Md. Samshad S/o Wasim Mistiri Resident of Village- Lakhminia, Ward
no.16, P.S.- Ballia, District- Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
(In CRIMINAL APPEAL (SJ) No. 2539 of 2022)
For the Appellant/s : Mr. Ansul, Advocate
Mr.Pushpendra Kumar Singh, adv,
Ms. Divya Bharti, Advocate
For the Respondent/s : Ms.Anita Kumari Singh, APP
(In CRIMINAL APPEAL (SJ) No. 2807 of 2022)
For the Appellant/s : Mr. Ansul, Advocate
Mr.Pushpendra Kumar Singh
Ms. Divya Bharti, Advocate
For the Respondent/s : Mr.Abhay Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
8 26-04-20241. Heard the parties.
Patna High Court CR. APP (SJ) No.2539 of 2022(8) dt.26-04-2024 2/4
2. The matter has been placed for consideration of bail prayer made by the appellants namely, Rahul Khalifa, Juhi Khatun and Rani Khatun under Section 389(1) of Cr.P.C. and suspension of their sentence during the pendency of their appeal.
3. Both the appeals have been preferred against the judgment of conviction dated 04.07.2022 and order of sentence dated 08.07.2022 passed by the Court of learned Exclusive Special Court (POCSO Act)-cum-6th Additional District and Sessions Judge, Begusarai, in connection with POCSO Case No. 49 of 2019, arising out of Ballia P.S. Case No. 305 of 2019, whereby and whereunder the appellants have been convicted for the offence(s) punishable under Section(s) 3, 5, 6, 7 and 8 of Immoral Traffic Act and Section 12 and 17 of the POCSO Act and sentenced for the said offence(s).
Re: I.A. No. 1 of 2024 in Cr. Appeal (SJ) No. 2539 of 2022 and Re: I.A. No. 1 of 2024 in Cr. Appeal (SJ) No. 2807 of 2022
4. Mr. Ansul, learned counsel appearing for the above appellants submits that the Appellant Rahul Khalifa earlier moved his bail prayer under Section 389(1) of Cr.P.C. which was rejected by this court vide order dated 29.08.2023 with a liberty given to him to renew his bail prayer after six months from the date of the said order, if his appeal is not taken Patna High Court CR. APP (SJ) No.2539 of 2022(8) dt.26-04-2024 3/4 up for hearing within the said period and accordingly, the said appellant has renewed his bail prayer in the light of the said liberty as till date his appeal has not been taken up for hearing and he has served about 31 months in jail and one co-convict namely, Najma Khatun has been granted the relief of bail during pendency of her appeal. He further submits that the appellants namely, Juhi Khatoon and Rani Khatun also earlier moved their bail prayer which was rejected by this court vide order dated 02.02.2023 and they are ladies and if the background of their family is taken into consideration then they themselves would appear to be the victims of the circumstances and they have also served 31 months in jail and any specific role or overt act against any of them has not been revealed by any of the victims and they were implicated mainly on account of they being family members of other co-convicts.
5. Ms. Anita Kumari Singh and Mr.Abhay Kumar learned APPs for the State have opposed the bail prayer of all the appellants.
6. Considering the above submissions and mainly taking into account the custody period of the appellants and unlikelihood of their appeals to be taken up for hearing in near future, this court is now inclined to release the appellants Patna High Court CR. APP (SJ) No.2539 of 2022(8) dt.26-04-2024 4/4 namely, Rahul Khalifa, Juhi Khatun and Rani Khatun on bail during the pendency of their appeal on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court (POCSO Act)-cum-6th Additional District and Sessions Judge, Begusarai, in connection with POCSO Case No. 49 of 2019, arising out of Ballia P.S. Case No. 305 of 2019.
7. In the result, I.A. No. 1 of 2024 in Cr. Appeal (SJ) No. 2539 of 2022 and I.A. No. 1 of 2024 in Cr. Appeal (SJ) No. 2807 of 2022 stands allowed.
Cr. Appeal (SJ) No.2539 of 2022
8. List these appeals under appropriate heading in due course.
(Shailendra Singh, J) Rajiv/-
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