Shakuntala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6402 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

SHAKUNTALA DEVI W/o Shailendra Kumar Ray R/o village- Ratanpur, P.S.- Gidhaur, District- Jamui 2.

AMRITA DEVI W/o Ranjit Kumar Ray R/o village- Ratanpur, P.S.- Gidhaur, District- Jamui 3.

SUNNY KUMAR RAO S/o Raj Kumar Rao R/o village- Malepur, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 406, 420, 376, 120(B), 387, 504, 506 and 34 of the Indian Penal Code.

The prosecution allegation, in short, is that co-accused established physical relationship with the informant and also took photographs and threatened for circulating the photographs. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.6402 of 2022(2) dt.17-05-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. As per the allegation, co-accused Ranjeet Kumar is said to have committed rape upon the victim. So far petitioner nos. 1 to 3 are concerned, they have been made accused in the present case for the reason that they happened to be mother, wife and brother-in-law respectively of the co-accused Ranjeet Kumar. No offence under Section 376 IPC is attracted against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kaimur P.S. Case No. 186/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T