Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12492 of 2021 Arising Out of PS. Case No.-342 Year-2019 Thana- GORAUL District- Vaishali ====================================================== ANITA DEVI Wife of Late Mithlesh @ Mithlesh Sah Resident of VillageBishanpur Adara, P.S.- Goraul, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Atul Shankar, Advocate For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Goraul P.S. Case no. 342 of 2019 registered under sections 376 and 386(a) of the Indian Penal Code, sections 3 and 4 of the POCSO Act and 3(x) of the SC & ST (Prevention of Atrocities) Act.
As per allegation in the FIR, it is stated that the informant and the son of the petitioner entered into friendship and the son of the petitioner established physical relation with the informant. Subsequently they married. However, the son of the petitioner abandoned the informant and on the informant going and narrating her plight to the petitioner, it is stated that
Patna High Court CR. MISC. No.12492 of 2021(2) dt.25-06-2021 2/3 she was outraged and started to abuse her in the name of her caste. Other persons also joined her.
It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. For an alleged occurrence said to have taken place on 24.4.2019, a complaint was filed on 9.8.2019 and thereafter the FIR registered. From the contents of the FIR it would transpire that the main allegation is against the son of the petitioner herein. The petitioner has been falsely implicated in the case because of her relationship with the co-accused. She being a lady is in jail since 7.9.2020 and has no criminal antecedent.
The application for bail is opposed by learned Additional Public Prosecutor for the State.
Having heard learned counsel for the parties and taking into consideration the allegations as contained in the FIR together with the period in custody, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Goraul P.S. Case no. 342 of 2019 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Court, POCSO-cum-
Patna High Court CR. MISC. No.12492 of 2021(2) dt.25-06-2021 3/3 Additional District and Sessions Judge VI, Vaishali at Hajipur. (Partha Sarthy, J) Prakash/- U