Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25248 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- MAHILA P.S. District- Saharsa ====================================================== Kiran Kumari Wife Of Late Ranjit Kumar R/O Mohalla- Mahua Bazar, Ward No.-2, P.S.- Basanahi, District- Saharsa And At Present Elected Mukhiya Of Mahua North Gram Panchayat (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sima Devi Wife Of Pappu Sada R/O Mohalla- Mahua Bazar, Ward No.3, P.S.- Basanahi, District- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 376, 504, 506/34 of the Indian Penal Code, Section 4, 6 of the Protection of Children From Sexual Offences Act and Sections 3(i)(w)(i)(ii), 3(2)(va) of the SC & ST (Prevention of Atrocities) Act. The prosecution case as per F.I.R is that coaccused Sarfaraz forcefully committed rape upon the

Patna High Court CR. MISC. No.25248 of 2022(2) dt.01-09-2022 2/3 daughter of the informant. It is alleged against the petitioner that being Mukhiya she participated in a Panchayati conducted on behalf of the accused persons. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case due to village politics. The specific accusation of committing rape is against co-accused Sarfaraz. The petitioner had conducted the panchayati only to pacify the matter. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cumSpecial Judge, POCSO, Saharsa in connection with Saharsa Mahila P.S. Case No. 13 of 2022, subject to the

Patna High Court CR. MISC. No.25248 of 2022(2) dt.01-09-2022 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T