Reshmi Kachhap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80715 of 2018 Arising Out of PS. Case No.-48 Year-2018 Thana- MAHILA P.S. District- Saran ====================================================== Reshmi Kachhap Wife of Liyender Herenj Resident of Village - Dari Tetar Toli, P.S.- Lapung, District- Ranchi Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Saran Mahila P.S. Case No. 48/2018, instituted for offences under Section(s) 376(B), 120(B) and 34 of the Indian Penal Code read with Section 6 of POCSO Act.

The informant has alleged in the written report that due to some altercation with her cousin brother she went to Chapra Station. Thereafter her cousin brother came there and put pressure on her to return at his quarter. In the meantime, police arrived and her brother fled away seeing the police party. The police arrested the informant but after sometime she was released. Again the police arrested her and brought her to child care centre but in absence of Mahila Police she was handed over to Mahila Constable RPF. The Mahila Constable RPF locked her in a room

Patna High Court Cr.Misc. No.80715 of 2018(2) dt.17-01-2019 2/2 and went away. It is further alleged that in night one male constable unlocked the room and committed illegal act with her. She disclosed the name of accused as Ashok Singh. There is allegation against this petitioner that she locked the informant in lockup and went away.

Learned counsel for the petitioner has submitted that petitioner was not on duty at that time on the aforesaid post. The victim has given statement under Section 164 Cr.P.C., wherein she has not taken the name of this petitioner. Copy of aforesaid statement is annexed as Annexure-4.

Petitioner is in custody since 03.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addl. District & Sessions Judge, Saran at Chapra in connection with Saran Mahila P.S. Case No. 48/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T