Rupa Devi @ Rupa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19501 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Rupa Devi @ Rupa Kumari, Wife of Ravindra Manjhi, R/V- Amawan P.SBodh Gaya, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-06-2023 Heard Mr. Sunil Kumar Yadav, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
The petitioner apprehends her arrest in connection with Mahila P.S. Case No. 102 of 2022 registered for the offence punishable under Sections 323, 341, 354(C), 354(D), 376 and 506 of the Indian Penal Code and Section 4/6 of the POCSO Act.
It is alleged that co-accused 'Rishu Kumar' has committed rape upon the informant's daughter and when the victim protested, she was threatened with dire consequences and also threatened to make obscene photographs viral. When the informant approached to the house of the said 'Rishu Kumar'
Patna High Court CR. MISC. No.19501 of 2023(2) dt.13-06-2023 2/3 this petitioner along with others assaulted her. Learned counsel appearing on behalf of the petitioner submits that the petitioner is a hapless mother of said 'Rishu Kumar' and save and except she being mother, there is no material against her, however, only in order to implicate her name in the present case, it is stated in the FIR that she abused and assaulted the mother of the victim. Further submissions has been made that the son of the petitioner is already in custody and she having fair antecedent, undertakes to fully co-operate in the investigation. Learned counsel for the petitioner further drawn the attention towards final form as contained in Annexure- A/2, which clearly suggests that the charge-sheet has been submitted only under Section 341, 323 and 504 of the IPC against the petitioner.
Prima facie, from the charge-sheet it appears that the petitioner has no apprehension of her arrest as the same has been submitted under Section 341, 323 and 504 of the IPC, which are bailable.
In view thereof, let the petitioner be surrendered before the Court below and pray for a regular bail within a period of four weeks from the date of receipt/production of a copy of this order.
Patna High Court CR. MISC. No.19501 of 2023(2) dt.13-06-2023 3/3 Learned counsel for the State has no objection. In view of the aforesaid observation, the present bail application stands disposed of.
(Harish Kumar, J) shivank/- U T