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Patna High CourtCR. MISC./4670/2020allowed

Jully Kumari v. The State Of Bihar

2020-07-03Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4670 of 2020 Arising Out of PS. Case No.-251 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

JULLY KUMARI D/O- Rajendra Singh Resident of Village - Sirsa Bijulpur, P.S.- Baikunthpur, District- Gopalganj 2.

Yogendra Singh Son of Late Kamal Singh Resident of Village - Sirsa Bijulpur, P.S.- Baikunthpur, District- Gopalganj 3.

Rohit Kumar Singh Son of Rajendra Singh Resident of Village - Sirsa Bijulpur, P.S.- Baikunthpur, District- Gopalganj 4.

Nirmala Devi Wife of Rajendra Singh Resident of Village - Sirsa Bijulpur, P.S.- Baikunthpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-07-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Baikunthapur Case No. 251 of 2019 for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the alleged occurrence took place on 07.10.2019 whereas the

Patna High Court CR. MISC. No.4670 of 2020(3) dt.03-07-2020 2/2 F.I.R. has been filed on 09.10.2019 after lapse of two days without explaining the plausible delay. Moreover, the victim has been examined by the doctor and her age has been assessed as 20-22 years, which is evident from the medical report. No injury with respect to physical assault has been found on the person of the victim. Hence, the petitioners may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing his personal bond to the satisfaction of the learned Judicial Magistrate, Gopalganj in connection with Baikunthpur Case No. 251 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T