Nutan Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11676 of 2020 Arising Out of PS. Case No.-78 Year-2013 Thana- MAHILA P.S. District- Patna ====================================================== 1.

NUTAN SINHA Wife of Late Ajay Kumar Sinha Resident of Mohalla - Mungeriganj, Ward No. - 33, Police Station - Begusarai Town, District - Begusarai, presently residing at Udaiparastha, Nageshwar Colony, Police Station - Kotwali, District - Patna.

2.

Mamta Sinha Wife of Prashun Praveen @ Raunak Sinha Resident of Mohalla - Mungeriganj, Ward No. - 33, Police Station - Begusarai Town, District - Begusarai, presently residing at Udaiparastha, Nageshwar Colony, Police Station - Kotwali, District - Patna.

3.

Lata Sinha wife of Raushan Kumar Sinha @ Raushan Sinha Resident of Mohalla - Mungeriganj, Ward No. - 33, Police Station - Begusarai Town, District - Begusarai, presently residing at Udaiparastha, Nageshwar Colony, Police Station - Kotwali, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2021 Heard both sides.

The petitioners apprehend their arrest in Mahila P.S. Case No. 78 of 2013, registered for the offences punishable under Sections 376, 323 and 34 of the Indian Penal Code. Prosecution case in brief is that informant was residing in Mungeri Raj Nagar, PS Begusarai in the house of late Ajay Kumar Singh where her mother was ousted by beating and at that time she was 8 years old. It is further alleged that petitioner no. 1 Nutan Sinha used to send her in the room of her

Patna High Court CR. MISC. No.11676 of 2020(6) dt.15-01-2021 2/2 sons and they used to commit rape with the informant. Petitioner nos. 2 and 3 are the daughter-in-law of petitioner no. 1 and they are also involved in the said crime. It is further alleged that after marriage of the informant, she was kept at Patna Nageshwar Colony and her child was kept at Begusarai and there also, accused persons used to commit rape with her. It is submitted on behalf of petitioners that petitioners have falsely been implicated in this case. Petitioners are ladies and due to land dispute, this false case has been lodged. Counsel for the State vehemently opposed the prayer for bail and submitted that anticipatory bail application has been filed after lapse of seven years of lodging of the FIR and the victim in her statement under Section 164 Cr.P.C has also supported the prosecution case.

Considering the nature and gravity of offence, I am not inclined to enlarge the petitioners above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T