Khushi Kumari @ Kunti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11330 of 2019 Arising Out of PS. Case No.-658 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== KHUSHI KUMARI @ KUNTI KUMARI, D/o Ramnandan Pandit @ Ramanand Pandit, resident of village - Ramchandarpur, P.S - Pipariya, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 328, 376/34 of the Indian Penal Code and Section 4 of the Prevention of Child from the Sexual Offenses Act.

Informant, a girl of 16 years, was friend of this petitioner. On persuasion of this petitioner, she went to the house of this petitioner and there one person, aged about 35 years, usually called by this petitioner as Doctor Sir, committed rape against her and both the Doctor and the petitioner poured acid on her. The victim has supported the aforesaid allegation in the FIR as well as her statement recorded under Section 164 Cr.P.C. The Doctor has found sign of burn injuries on the person

Patna High Court CR. MISC. No.11330 of 2019(3) dt.06-05-2019 2/2 of the injured.

Learned counsel for the petitioner submits that petitioner is in custody since 19.10.2018. The main allegation is against the Doctor who is already in custody. Considering the nature of role alleged against the petitioner which led to the commission of crime subsequent as well as considering no explanation from the petitioner that under what circumstances, rape was committed in her house against the informant and in absence of any material to substantiate previous relation between the informant and the Doctor, I am not inclined to enlarge the petitioner on bail in connection with Lakhisarai Police Station Case No. 658 of 2018 pending in the court of learned Additional Sessions Judge-1cum-Special Judge, Lakhisarai. Hence, prayer for bail is refused.

Learned trial court is directed to expedite the trial. (Birendra Kumar, J) Kundan/- U T