Sweta Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19169 of 2021 Arising Out of PS. Case No.-766 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== SWETA RANI W/o Chandan Kumar Resident of Village - Chandauli, P.S.- Belsand, Distt.- Sitamarhi, At present, resides at Damodarpur, Gangaram Pokhor, P.S.- Kanti, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376D, 376(2) (I) and 120B of the Indian Penal Code and section 6 of the POCSO Act.

As per the prosecution case, the daughter of the informant, who is not mentally sound, was ravished by accused Baba and Chandan. It is further stated that the petitioner herein assaulted her.

It is submitted by learned counsel for the petitioner that the petitioner who happens to be a lady has been falsely implicated in the case only for the reason that she happens to be wife of accused Chandan. She is in custody since 30.12.2020

Patna High Court CR. MISC. No.19169 of 2021(3) dt.21-10-2021 2/2 and has no criminal antecedent. Chargesheet has been submitted in the case. It is further submitted that from the F.I.R., it would transpire that the other co-accused are in custody. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations against the petitioner together with the petitioner having remained in custody for over 9 months, the Court directs the petitioner to be enlarged on bail in connection with Kanti P.S. Case no.766 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur. (Partha Sarthy, J) Saurabh/- U T