Poonam Kumari @ Punam Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15139 of 2022 Arising Out of PS. Case No.-228 Year-2019 Thana- TARIYANI CHOWK District- Sheohar ====================================================== POONAM KUMARI @ PUNAM KUMARI D/o Kameshwar Bhagat Resident of Village- Sirgahi, P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363 & 366A/34 of the Indian Penal Code but the learned A.D.J. has taken cognizance under Sections 376, 363 & 366A/34 and Section 4 of POCSO Act.

Petitioner in association of other co-accused is said to have kidnapped the minor grand-daughter of the informant.

Patna High Court CR. MISC. No.15139 of 2022(2) dt.15-11-2022 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case as she is friend of the victim girl. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is unmarried and aged about 20 years. The victim has not supported the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, 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 below where the case is pending/successor Court in connection with Tariyani P.S. Case No. 228 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.