Baby Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33805 of 2021 Arising Out of PS. Case No.-53 Year-2017 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

BABY DEVI W/o Sikandar Singh Resident of Village - Narkatia, P.S.- Majorganj, Distt.- Sitamarhi.

2.

Jitendra Singh Son of Kari Singh Resident of Village - Narkatia, P.S.- Majorganj, Distt.- Sitamarhi.

3.

Abhishek Kumar @ Abhishek Kumar Singh Son of Sikendra Singh Resident of Village - Narkatia, P.S.- Majorganj, Distt.- Sitamarhi. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Md. Anisur Rahman, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-05-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as Mr. Shailendra Kumar, learned APP for the State. The petitioners apprehend their arrest in connection with Majorganj P.S. Case No. 53 of 2017, registered for the offences punishable under Sections 363, 366(A) and 376 of the Indian Penal Code and Section 4 and 6 of the POCSO Act.

Learned counsel for the petitioner has submitted that the statement of victim was recorded which is annexed with the case diary on page No. 27. The victim did not whisper against the petitioners rather she has named only co-accused Subhash. She has

Patna High Court CR. MISC. No.33805 of 2021(3) dt.16-05-2022 2/2 stated that Subhash had kidnapped her.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge 3-VI-cum-Spl. Judge POCSO Act, Sitamarhi in connection with Majorganj P.S. Case No. 53 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners 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) SONALI/- U T