Sushma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.318 of 2020 Arising Out of PS. Case No.-7 Year-2019 Thana- BATH District- Bhagalpur ====================================================== 1.

SUSHMA DEVI, Wife of Dilip Mandal @ Dilip Kumar Singh, Resident of Village- Karhariya, P.S.- Bath, District- Bhagalpur. 2.

Punam Devi Wife of Akhilesh Mandal @ Akhilesh Kumar Singh Resident of Village- Karhariya, P.S.- Bath, District- Bhagalpur 3.

Sulekha Kumari Daughter of Akhilesh Mandal Resident of VillageKarhariya, P.S.-Bath, District- Bhagalpur 4.

Sonu Kumar Son of Late Binod Prasad Singh Resident of VillageKarhariya,P.S- Bath, District-Bhagalpur ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ranjan Kumar Jha For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2020 Heard learned counsel for the appellants and learned SPP for the State through virtual court proceedings. Vide order dated 28.09.2020, a direction was given to appellant no. 1 to file a supplementary affidavit and through supplementary affidavit it is stated that he alongwith her family members with the help of local Mukhiya, Ward Commissioner and Sarpanch had gone to the house of the informant in order to bring the alleged victim girl namely Sushma Devi at her residence but when they reached at her house she came to know that six months ago said victim girl has already been escaped

Patna High Court CR. APP (SJ) No.318 of 2020(5) dt.01-12-2020 2/2 from her house alongwith one another boy even without taking permission of her guardian or without giving any knowledge to them and on being asked by her parents they disclosed that they are not in position to say anything with regard to victim Sushma Devi.

He further stated that in this regard local Mukhiya, Ward Member and Sarpanch have jointly issued a certificate as contained in Annexure-A to the supplementary affidavit filed by appellant no. 1 In the aforesaid facts and circumstances of the case, the provisional bail granted to the appellant no. 1 namely Sushma Devi in connection with Anticipatory Bail Application No. 774/2019 arising out of Bath P.S. Case No. 07/2019 to the satisfaction of the learned Additional Sessions Judge-1 cum Special Judge, POCSO Act, Bhagalpur vide order dated 28.09.2020 is hereby confirmed.

(Anjani Kumar Sharan, J) amitkumar/- U T