Smt. Poonam Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5815 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Smt. Poonam Devi, Wife of Yogendra Rai

2. Aditya Rai @ Aditya Kumar Rai Son of Yogendra Rai Both Residents of Village- Amarpur, P.S.- Darauli and District - Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Utsav Kumar, Advocate. For the Opposite Party/s : Mr. Indra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Siwan Mahila P. S. Case No. 94 of 2016 instituted under Sections 376, 313 and 316 of the Indian Penal Code. The allegation, in brief, is that father of the informant used to rape her repeatedly and when she disclosed this fact to her mother, she abused and scolded and got her pregnancy terminated and one day, her brother, petitioner no. 2, also made attempt for sexual contact and outraged her modesty.

It is submitted that girl is suffering from mental illness but the report annexed as Annexure-2 by the petitioner, only indicates that she has been suffering from headache and migraine.

Patna High Court Cr.Misc. No.5815 of 2017 (3) dt.08-02-2017 2/2 Having considered the aforesaid facts and circumstances, prayer for anticipatory bail of the petitioners is rejected.

However, if so advised, the petitioners surrender and pray for regular bail before the court below, the same shall be considered on its own merits without being prejudiced by the present order.

(Arun Kumar, J) Sujit/- U