Jaglal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10048 of 2022 Arising Out of PS. Case No.-83 Year-2021 Thana- JANTA BAZAR District- Saran ====================================================== 1.

JAGLAL PRASAD Son of Paras Nath Prasad Resident of VillageLahladpur, P.S.- Janta Bazar, District- Saran. 2.

Reena Devi Wife of Jaglal Prasad Resident of Village- Lahladpur, P.S.- Janta Bazar, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2022 At the very outset, learned counsel for the petitioners seeks permission to withdraw the petition of petitioner no.1, namely, Jaglal Prasad.

Permission is accorded.

Accordingly, the petition of petitioner no.1, namely, Jaglal Prasad is dismissed as withdrawn.

Heard learned counsel for the petitioner no.2 and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 376, 511 and 323 of the Indian Penal Code and Sections 7/8 of the Prevention of Children from Sexual Offences (POCSO) Act.

Patna High Court CR. MISC. No.10048 of 2022(2) dt.24-08-2022 2/2 It is a case of committing rape upon the victim. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that no offence under Sections 376 and 511 of the IPC is attracted and petitioner is a lady. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions as well as the fact that petitioner is a lady, let the petitioner, namely, Reena Devi, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO, Saran at Chapra in connection with POCSO Case No. 1448 of 2021 (arising out of Janta Bazar P.S. Case No. 83 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T