Arti Kumari @ Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59547 of 2018 Arising Out of PS.Case No. -311 Year- 2018 Thana -BRAHMPUR District- BUXAR ====================================================== Arti Kumari @ Arti Devi, daughter of Dadan Sah @ Dadan Prasad Kanu, resident of Village- Raghunathpur, P.S. Brahmpur, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate. For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in POCSO Case No. 36 of 2018 arising out of Brahmapur P.S. Case No. 311 of 2018 instituted for the offence under Sections 365, 354(A), 354(b), 354(d), 509 of Indian Penal Code and Section 12 of POCSO Act. Counsel for the petitioner submits that petitioner is lady.

In the written report it is alleged that informant along with her sister was playing near the house. In the meantime, petitioner came and told them that Puja Devi is calling. She told them to come with her at temple. It is further alleged that when the informant along with her sister went to Mandir, She took the informant and her sister in Auto and got them to smell something

Patna High Court Cr.Misc. No.59547 of 2018 (2) dt.06-10-2018 2/2 from handkerchief, on account of which, both minor girls became unconscious. The informant and her sister regained sense, then accused persons as named in the written report molested them and took them to Raghunathpur. They were kept in the house of petitioner. Petitioner and other accused persons gave them liquid to drink. The accused persons did illegal act with the informant and her sister.

In this manner there is no allegation of any specific overt act against the petitioner. It is alleged that petitioner took them in Auto. She is a lady.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I-cum-Special Judge, POCSO Act, Buxar, in connection with POCSO Case No. 36 of 2018 arising out of Brahmapur P.S. Case No. 311 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T