Nirma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5234 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- SIMRI District- Buxar ====================================================== Nirma Devi W/o Ramjee Upadhay @ Ramji Upadhayay R/o Village Balihar, P.S-Simari, Distt.-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 370A, 371, 376, 120B of the Indian Penal Code, Section 4 of the POCSO Act and Sections 3, 4, 5, 7, 8, 9 of the Immoral Traffic Prevention Act. As per prosecution case, all the F.I.R named accused persons including the petitioner were apprehended from a sealed marriage hall of co-accused Rajendra Pandey and during search, many objectionable articles were seized.

Patna High Court CR. MISC. No.5234 of 2024(2) dt.07-02-2024 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The petitioner has not participated in the alleged occurrence. Moreover, other co-accused Rajendra Pandey has already been granted bail by a coordinate Bench of this Court vide order dated 06.12.2023 passed in Cr. Misc. No. 64591 of 2023. The petitioner is languishing in custody since 23.11.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District &

Patna High Court CR. MISC. No.5234 of 2024(2) dt.07-02-2024 3/3 Sessions Judge-VI-cum-Special Judge, POCSO, Buxar in connection with POCSO Case No. 100 of 2023, arising out of Simari P.S. Case No. 250 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T