Munni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30945 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- DUMARIYA District- Gaya ====================================================== MUNNI DEVI WIFE OF MUKESH KUMAR R/O MOHALLA- DAKHIN DARWAJA, P.S.- VISHNUPAD, DISTRICT- GAYA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar For the Opposite Party/s :
Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Dumaria Police Station Case No. 05 of 2021, registered for the offences punishable under Sections 363/366-A of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the minor daughter of the informant, aged about 16 years, had gone to market, but did not return till late hours. The informant suspected that some unknown persons has abducted her daughter with intention to marry her. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and she has not committed any offence in the manner alleged. He further
2/4 submits that the petitioner is not named in the First Information Report and the First Information Report has been lodged after a delay of one month. He further submits that the victim girl was recovered by the police and her statement, under Section 164 of the Code of Criminal Procedure, 1973, was recorded in which she has stated that she had met with one Reena Devi and said Reena Devi sent her along with one Constable Vikram, who committed rape upon her and handed her over to one Ruby Devi and subsequently Ruby Devi brought her to the petitioner at Gaya and after staying there for one week, said Ruby Devi again took the victim girl to village Pachati, Bodhgaya and handed over the victim girl to Constable Vikram, who again committed rape upon her and prepared indecent video also and on 06.01.
2021, the victim girl fled from there and went before the petitioner and after staying there for about 10-15 days, when the victim girl was returning back, co-accused Constable Vikram again caught her and kept her before a dancer.
3/4 and stayed there for about 10-15 days. He further submits that the petitioner is in custody since 29.01.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.
On the other hand, learned Additional Public Prosecutor, referring to the contents of the case diary, submits that except the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, no material has come against the petitioner in the entire case diary. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, and the fact that the petitioner is in custody since 29.01.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, in connection with
4/4 Dumaria Police Station Case No. 05 of 2021.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √