Ugani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.233 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -DAGARUA District- PURNIA ======================================================

1. Ugani daughter of Jagdish Bishwas

2. Jagdish Bishwas, son of Late Sonai Vishwas. Both Resident of Village- Kohila, P.S.- Dagarua, District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

12-01-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Petitioners, in the present case, are seeking regular bail in connection with Dagaruwa P.S. Case No. 143 of 2017 registered for the offence punishable under Sections 341, 323, 376, 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that it is a case of false implication of the petitioner and there is no prima facie evidence to connect the complicity of this petitioner in the alleged occurrence. It is further submitted that petitioner no. 1 is the daughter of petitioner no. 2 against whom the allegation is that she was taking out the victim girl to one Dipak Kumar, son of Gujai Mandal, and taking an advantage of her being a dumb and handicapped the victim girl was being subjected to rape by said Dipak Kumar.

Patna High Court Cr.Misc. No.233 of 2018 (2) dt.12-01-2018 On the other hand, learned Additional Public Prosecutor for the State submits that in the present case the petitioner no. 1 has actively played her role by taking out the victim girl to said Dipak Kumar and then subjecting her to the heinous offence of rape which was being committed by the said Dipak Kumar. In lieu of this petitioner no. 1 was receiving some petty amount. So far as petitioner no. 2 is concerned, there is no specific allegation against him.

Considering the facts and circumstances of the case, let petitioner no. 2 namely, Jagdish Bishwas be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea, in connection with Dagaruwa P.S. Case No. 143 of 2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

So far as prayer for bail of petitioner no. 1 namely, Ugani, is concerned, it is rejected at this stage. This application is partly allowed.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T