Punam Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.49493 of 2014 (2) dt.03-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49493 of 2014 Arising Out of PS.Case No. -22 Year- 2008 Thana -LAXMIPUR District- JAMUI ====================================================== PUNAM DEVI, W/O MUNNA MANDAL, RESIDENT OF VILLAGE : - GENADIH, P.S. : - GIDHAUR, DISTRICT : - JAMUI. .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Pd. Keshri For the Opposite Party/s : Mr. Chandra Bhushan Prasad(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Lakshmipur (Gidhaur) P.S. Case No. 22 of 2008 registered under Section 376 of the Indian Penal Code but later on cognizance was taken under Sections 376(G)/34 and 120(B) of the Indian Penal Code.
The accusation is that co-accused, Sanjeev Rawat and Narendra Rawat entered into the house of the informant, Babi Kumari and trying to commit rape at her but at that time she moved from the room when this petitioner dashed her in room and thereafter both co-accused, Sanjeev Rawat and Narendra Rawat committed rape.
Patna High Court Cr.Misc. No.49493 of 2014 (2) dt.03-03-2015 Learned counsel for the petitioner submits that petitioner happens to be the aunt of the informant and has falsely been implicated in this case due to graze enmity. It is further submitted that after investigation, the police submitted charge sheet only against two persons, namely, Sanjeev Rawat and Narendra Rawat but the learned Magistrate also took cognizance of the offence against this petitioner. It is further submitted that petitioner being the lady is in custody since 11.11.2014. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail 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 Sessions Judge, Jamui in connection with Sessions Trial No. 79 of 2010/ Lakshmipur (Gidhaur) P.S. Case No. 22 of 2008. (Rajendra Kumar Mishra, J) Bhardwaj/- U T