Geeta Devi @ Renu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24959 of 2024 Arising Out of PS. Case No.-40 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Geeta Devi @ Renu Devi W/o Avadh Kishor Singh @ Awadh Kishor Singh R/o vill - Sinduriya, P.S. Barun, Distt.- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate Mrs. Leelawati Kumari, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2024 Heard Mrs. Leelawati Kumari, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Barun P.S. Case No. 40 of 2024 for the offence under Sections 341, 323, 504, 506, 354, 307 and 34 of the I.P.C. and Sections 8 and 12 of the POCSO Act lodged on 28.01.2024 by the informant, Shanti Devi.
3. As per the prosecution story, the informant alleged that when her daughter had gone to attend the nature's call, the accused persons including this petitioner assaulted her. Further allegation against this petitioner is of trying to strangulate the girl, she was treated in the Community Health Centre, Barun.
Patna High Court CR. MISC. No.24959 of 2024(2) dt.01-05-2024 2/3 Accordingly, the FIR.
4. Learned counsel for the petitioner submits that both the informant and the petitioner are sister-in-laws and the victim girl is her own niece, due to land dispute, the FIR has been lodged and the injury has been found to be simple in nature. She further submits that the petitioner was also went to lodged the FIR but returned by the police.
5. Learned APP opposes the prayer stating that allegation of assault amongst other is against this petitioner.
6. Though the allegation of assault is against the petitioner, she is a lady, injury has been found to be simple in nature and she do not have any criminal antecedent, this Court is inclined to extend her the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge, 6th - cum - Exclusive Special Judge, POCSO Act in connection with Barun P.S. Case No. 40 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to the following
Patna High Court CR. MISC. No.24959 of 2024(2) dt.01-05-2024 3/3 conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T