Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15518 of 2022 Arising Out of PS. Case No.-335 Year-2021 Thana- UJIYARPUR District- Samastipur ====================================================== GITA DEVI Wife of Baleshwar Das @ Phucho Das @ Fucho Das Resident of Village - Balbhadrapur, P.S. - Ujiyarpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code read with Sections 8 and 12 of the POCSO Act.

The informant alleges that on 03.11.2021 at about 5:30 pm, she had gone to the doctor for treatment of her daughter-in-law but when she returned, her ten year minor daughter was not found in the house, accordingly it is alleged that on search it was found that three accused persons had maliciously enticed the victim and had taken her away further Pappu Kumar's mobile was not reachable.

Learned counsel for the petitioner submits that the petitioner is a woman and has antecedent of one case, it is

Patna High Court CR. MISC. No.15518 of 2022(2) dt.20-09-2022 2/2 further submitted that informant had specifically instituted the F.I.R. against three named accused persons and petitioner is not named in the F.I.R. Learned counsel submits that the victim has returned and her statement was recorded under Section 164 Cr.P.C. wherein she has stated that she was kept in the house of petitioner forcibly by her husband, learned counsel submits that since petitioner was a ward member of the area earlier as such she has been falsely implicated along with her husband. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Ujiyarpur P.S. Case No. 335 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T