Sikha Kumari @ Shikha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18947 of 2024 Arising Out of PS. Case No.-477 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== Sikha Kumari @ Shikha Kumari W/o Nand Kishor Kumar Resident of Murgiyachak, Ward No. 9, Islampur, Police station Islampur, District Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP.

Mr. Rajeev Kumar, Adv.

Mr. Gautam Shah, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 376, 354(D), 504, 506, 120(B) of the Indian Penal Code and Sections 66, 67 of I.T. Act.

3. Allegedly, petitioner is said to have facilitated in the process of bringing the informant and co-accused Rajesh Kumar Chaudhary closer despite knowing the fact that petitioner is a married person as a result of which the informant was exploited physically by co-accused Rajesh Kumar. It is also alleged that the informant rather solemnized marriage with someone else but her intimate photographs were made viral by the accused persons, which led to dissolution of marriage of informant.

Patna High Court CR. MISC. No.18947 of 2024(2) dt.02-04-2024 2/3

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and she has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that from bare perusal of the FIR, it is evident that the victim is major and she had love affairs with one Rajesh Kumar Chaudhary for 5 months. The petitioner has nothing to do with the informant and co-accused Rajesh Kumar Chaudhary's relations and love affairs. She was only a mediator between them. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court

Patna High Court CR. MISC. No.18947 of 2024(2) dt.02-04-2024 3/3 below where the case is pending/successor Court in connection with Islampur P.S. Case No. 477 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T