Dharamshila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15112 of 2022 Arising Out of PS. Case No.-74 Year-2020 Thana- MAHILA P.S. District- Saran ====================================================== 1.

Dharamshila Devi Wife Of Radheshyam Giri R/O Village- Mubarakpur Bagahi, P.S.- Manjhi, District- Saran 2.

Khushboo Kumari @ Shushma Kumari D/O- Radheyshyam Giri R/O Village- Mubarakpur Bagahi, P.S.- Manjhi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 376, 511, 354, 379 of the Indian Penal Code, Section 3(r)(s)(w) of the SC & ST (Prevention of Atrocities) Act and Section 8 of the POCSO Act.

The prosecution case as per F.I.R is that coaccused Sumit Giri and Bittu Giri made an attempt to commit rape upon the informant and when the informant

Patna High Court CR. MISC. No.15112 of 2022(2) dt.29-09-2022 2/3 made complaint, the petitioners abused the informant by calling caste name and also snatched gold ornament. It is submitted by learned counsel for the petitioner that petitioners have falsely been implicated in this case. For the alleged occurrence of 10.08.2020, the F.I.R has been registered on 15.12.2020 without explaining the delay. As per F.I.R, the occurrence took place in the house of the petitioners. Hence, the provisions under the SC/ST shall not be attracted in the case of the petitioners. The petitioners are ladies and there is general and omnibus allegation against them. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their 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 Thousands) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.15112 of 2022(2) dt.29-09-2022 3/3 satisfaction of learned Additional Sessions Judge-VIcum-Exclusive Special Judge, POCSO, Saran at Chapra in connection with Manjhi P.S. Case No. 74 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T