Mamta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21092 of 2021 Arising Out of PS. Case No.-273 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Mamta Devi W/o Pintu Yadav Resident of Village - Brahampur, P.S.- Brahampur, Distt.- Buxar, Presently R/o Subhash Nagar, Khemnichak, P.s.- Ramkrishna Nagar, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Ms. Indu Kumari Srivastava Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-02-2022 Heard both parties.

The petitioner seeks bail in Ramkrishna Nagar P.S. Case No. 273 of 2019 corresponding to Special (POCSO) Case No. 73 of 2019, registered for the offence punishable under Sections 363, 376/120(B) of the Indian Penal Code, section 4 of the POCSO Act and sections 3(r)(s)(w)(i)(ii), 3(2)(V)(a) of the SC/ST Act.

As per the prosecution case, while the informant was returning her home after discharging her duty, on the way, this petitioner along with Pankaj Kumar husband of petitioner forcibly took her in a car and Pankaj Kumar committed rape with her.

It is submitted on behalf of petitioner that there is

Patna High Court CR. MISC. No.21092 of 2021(3) dt.21-02-2022 2/2 allegation of commission of rape against co-accused Pankaj Kumar who has already been granted bail by this Court vide order dated 05.03.2020 passed in Cr. Misc. No. 74834 of 2019. Petitioner is in custody since 19.04.2019 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VI-cum-Special Judge (POCSO) Act, Patna in connection with Ramkrishna Nagar P.S. Case No. 273 of 2019 corresponding to Special (POCSO) Case No. 73 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T