Panamatiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3173 of 2022 Arising Out of PS. Case No.-77 Year-2021 Thana- SAHODARA District- West Champaran ====================================================== Panamatiya Devi, Wife of Hardeo Manjhi, Resident of Ward No. 10, Banspur, P.S. - Sahodra, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner seeks bail in connection with Sahodara P.S. Case No. 77 of 2021 registered for the alleged offences under Sections 363 and 366 (A) of the Indian Penal Code and Sections 8 and 18 of POCSO Act. The allegation against the petitioner is that she and other accused persons have kidnapped the minor sister of the informant with an intention to sexually assault her. It has been submitted by the learned counsel for the petitioner that there is general and omnibus allegation against all the accused persons including the petitioner. No specific overt

Patna High Court CR. MISC. No.3173 of 2022(2) dt.06-06-2022 2/3 act has been attributed to the petitioner. The sister of the informant has been recovered. The charge sheet has already been submitted in the case. The accused persons, namely, Radha Manjhi and Saheb Rai have been allowed the privilege of anticipatory bail by a coordinate Bench of this Court. The petitioner, who is a lady, is in custody since 04.09.2021. Having regard to the facts and circumstance and considering the fact that other co-accused have been allowed the privilege of anticipatory bail and the petitioner is in custody since 04.09.2021, let the petitioner above named 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-VII-cum-Special Judge (POCSO), West Champaran, Bettiah in connection with Sahodara P.S. Case No.77 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner, preferably one of her parents. (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, her

Patna High Court CR. MISC. No.3173 of 2022(2) dt.06-06-2022 3/3 bail bond will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T