Shivani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36264 of 2021 Arising Out of PS. Case No.-476 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SHIVANI KUMARI D/o Tuna Mandal @ Tunna Mandal Resident of Village - Bahilwara, Dhanushi, P.S.- Runnisaidpur, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Sections 363, 376, 506 of the Indian Penal Code and Section 6 of POCSO Act.

Allegation is that the petitioner handed over the victim to co-accused, who committed rape upon the victim. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.36264 of 2021(2) dt.04-04-2022 2/2 present case. After investigation, the police had submitted final form against the petitioner. The court below differed with the said police report and taken cognizance in the matter. Hence the present application has been preferred. The allegations are denied by the petitioner. For oblique reasons, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI, Sitamarhi in connection with Runnisaidpur P.S. case No.476/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T