Shitli Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29676 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Shitli Devi, aged about 53 years, Female, wife of Bechan Mukhiya, resident of village- Sahpur, P.S.- Pupri, Dist.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dwij Raj, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Pupri PS Case No.148 of 2023 dated 05.04.2023, instituted under Sections 363, 366-A/34 of the Indian Penal Code and Section 06 of the Prevention of Children from Sexual Offences Act.
3. The allegation against the petitioner is that she along with other accused persons enticed away the informant's minor daughter aged about 15 years for the purpose of flesh trade. It is also alleged that earlier co-accused, Bechan Mukhiya, had also sold the mother of the victim, who is still traceless.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29676 of 2024(2) dt.15-05-2024 2/3 petitioner is innocent and she has been falsely implicated in this case. It is further submitted that the victim and the daughter of the petitioner both went to Darbhanga for choosing Makhana and snail and during this period some miscreants started teasing both of them which was noticed by the police and both were sent to Shelter House and later on released after due process. It is further submitted that the victim was recovered from her home and she was tutored by the family mebers before her statement under Section 164 Cr.P.C. was recorded. It is further submitted that the incident had taken place on 26.03.2023 and the FIR was lodged on 05.04.2023. It is further submitted that both the parties have compromised the matter. Further submission is that both the parties are close relatives and the petitioner, who is a lady and physically challenged person, has clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.29676 of 2024(2) dt.15-05-2024 3/3 Additional Sessions Judge-VI cum Special Judge, POCSO, Sitamarhi, in Pupri PS Case No.148 of 2023.
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T