Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2211 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Manju Devi W/O Hari sah Resident of Village- Ratwara, P.S- Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X (Victim) D/O Late Shri Mohan Shah R/O Village and Post- Ratwara, P.SBajpatti, Distt.- Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dwij Raj, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

For the O.P. No. 2 :

Mr. Ayush Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2025 Heard learned counsels for the petitioner, opposite party no. 2 and learned A.P.P. for the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 498A, 376/34 of Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

3. As per F.I.R., co-accused Bittu Kumar and Hari Sah committed rape with the informant on several occasions and also made her steal the ornaments for them, from her sister's house.

4. Learned counsel appearing for the petitioner submits that though victim in her statement, recorded under

Patna High Court CR. MISC. No.2211 of 2025(6) dt.01-12-2025 2/2 Section 183 BNSS, has supported the prosecution case but she has not named this petitioner or alleged any wrong against her. Petitioner has been made accused in this case merely because she is mother of co-accused Bittu Kumar. Petitioner is lady and claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cumSpecial Judge (POCSO), Sitamarhi in connection with Bajpatti P. S. Case No. 236 of 2024, subject to condition as laid down under Section 482(2) of the BNSS.

(Prabhat Kumar Singh, J) Navya/- U T