Priya Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58017 of 2018 Arising Out of PS. Case No.-87 Year-2017 Thana- MAHILA PS District- Jehanabad ====================================================== Priya Kumari Daughter of Kanhai Prasad @ Kanhaiya Prasad resident of Mohalla - Pathak Tola, Jehanabad, Police Station - Jehanabad in the district of Jehanabad ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar, Adv.
For the Opposite Party :
Smt. Sahin Begam. APP 134 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2018 Heard the learned counsel for the petitioner and the learned counsel appearing for the State. The petitioner is languishing in judicial custody since 26.05.2018 in connection with Jehanabad Mahila P.S. Case No. 87 of 2017 for offences alleged under Sections 376, 354 (C) and 120(B) of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act.
The prosecution case, as lodged by the informant, namely, Pinki Kumari, aged 17 years, is that she used to attend coaching classes along with a friend, the petitioner. On 08.11.2017, after coaching classes, the petitioner took her on the pretext to go to market where co-accused, Gautam Kumar, took her into a room of a guest house, committed rape on her and took video
Patna High Court Cr.Misc. No.58017 of 2018(2) dt.03-10-2018 2/3 recording.
It has been submitted by the learned counsel for the petitioner that she is innocent, herself is a minor and has been falsely implicated in the aforesaid case. He submits that the victim-girl had herself gone with the co-accused, Gautam Kumar, to Hajipur and has falsely implicated her. He submits that the petitioner is herself a student and her whole career would be jeopardized against such false and fabricated allegations. He submits that the charge sheet has also been submitted and there is no allegation of tampering of prosecution witnesses.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail. Considering the facts and circumstances and the materials on record as well as the fact that the petitioner is a minor girl, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Jehanabad
Patna High Court Cr.Misc. No.58017 of 2018(2) dt.03-10-2018 3/3 Mahila P.S. Case No. 87 of 2017 to the satisfaction of the learned Additional Sessions Judge, I, Jehanabad, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) Shamshad/- U T