Shabnam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77161 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Shabnam Devi W/o Lallu Singh @ Dharmendra Singh, resident of VillageChilkipur, P.S.- Rahui, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gyanendra Kumar Singh For the Opposite Party/s :

Mr.Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 363, 366(A)/34 IPC and Section 8 of the POCSO Act registered in connection with Sheikhopur Sarai P.S. Case No. 77 of 2017.

3. It is submitted that the petitioner has been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 Cr.P.C. wherein she has merely stated that she has gone to market along with the petitioner and co-accused Baby Devi and Kalpana Devi. No overt act attracting the ingredients of offence alleged has been attributed to the petitioner. Similarly situated coaccused Baby Devi and Kalpana Devi aforesaid have been granted anticipatory bail by this Court in Cr. Misc. No. 70862 of 2018. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ADJ

Patna High Court Cr.Misc. No.77161 of 2018(3) dt.07-02-2019 2/2 Ist, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 77 of 2017, POCSO Case No. 29/2017. subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T