Patna High CourtCR. MISC./27511/2024disposed

Archana Kumari v. The State Through C.B.I. Bihar

2024-04-19Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27511 of 2024 Arising Out of PS. Case No.-8 Year-2019 Thana- C.B.I CASE District- Patna ====================================================== Archana Kumari, D/o Sanjay Kumar Singh, R/o Mohalla- Sri Krishna Nagar, Motihari Ward No.31, Gali No. 6, near Sapahi Devi Mandir, P.S.- Town Motihari, District- East Champaran.

... ... Petitioner/s

Versus

The State Through C.B.I. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mr. Supragya, JC to SC - CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-04-2024 Heard Mr. Krishna Kant Singh, the learned Advocate for the petitioner and Ms. Supragya, J.C. to Ms. Nivedita Nirvikar, for the CBI.

2. The petitioner seeks bail in anticipation of her arrest in connection with C.B.I. Case No. 08 of 2019 (RC No. 0922019S0008) arising out of Turkauliya (Raghunathpur) P.S. Case No. 499 of 2018, instituted for the offences under Sections 341, 342, 323, 504 and 34 of the Indian Penal Code and Sections 8 of the Protection of Children from Sexual Offences Act, 2012.

3. The petitioner has renewed her prayer for

Patna High Court CR. MISC. No.27511 of 2024(2) dt.19-04-2024 2/3 anticipatory bail which was earlier rejected vide order dated 24.03.2022.

4. Taking into account that there was no serious accusation against the petitioner and that she had only failed in her duty to intimate the inmates of short stay home about their rights and entitlements, this Court had directed that in case the petitioner would surrender before the Court below, such facts shall be taken into account and a reasoned order shall be passed without being prejudiced by the fact that her petition for anticipatory bail was not entertained.

5. When that order was challenged before the Supreme Court, no interference was made; perhaps, on account of observation made by this Court in the order dated 24.03.2022.

6. The petitioner would be well advised to surrender before the Court below and seek bail and in that event, the Court below shall take into account the afore-noted facts and shall pass orders in accordance

Patna High Court CR. MISC. No.27511 of 2024(2) dt.19-04-2024 3/3 with law without being prejudiced by the fact that this petition has again been rejected.

7. While passing the order, the Court below shall also take into account the gender of the petitioner and that a similarly situated accused person has been granted bail.

8. The petition stands disposed off accordingly. (Ashutosh Kumar, J) Sauravkrsinha/ SunilU T