Nirma Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24091 of 2022 Arising Out of PS. Case No.-48 Year-2020 Thana- BALTHAR District- West Champaran ====================================================== NIRMA KUMARI D/o Shivshankar Patel R/o village- Chhotka Dhankutwa, P.S.- Balthar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends her arrest in connection with Balthar P.S. Case No. 48 of 2020, registered for the offences punishable under Sections 366A, 380/34 of the Indian Penal Code and under Section 8 of POCSO Act.

Learned counsel for the petitioner has submitted that the FIR shows itself that the alleged victim eloped willfully with ornaments. In her statement under Section 164 of the Cr.P.C., she has not named the present petitioner rather she named only

Patna High Court CR. MISC. No.24091 of 2022(2) dt.13-10-2022 2/2 Sonu Patel. On similar footing, co-accused Aslam Miyan has been granted anticipatory bail by this Court vide Cr. Misc. No. 5738 of 2022.

On the other hand, the learned Addl. PP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of her arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 6th cum Special Judge POCSO, Bettiah, West Champaran in connection with Balthar P.S. Case No. 48 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-sonali U T