Ghina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28516 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- SAHIYARA District- Sitamarhi ====================================================== 1.

GHINA DEVI WIFE OF DILIP BHANDARI R/O- VILLAGEMAHADEV, P.S.- SAHIYARA, DIST.- SITAMARHI (BIHAR) 2.

DILIP BHANDARI SON OF KAMOD BHANDARI R/O- VILLAGEMAHADEV, P.S.- SAHIYARA, DIST.- SITAMARHI (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2.

Permission is accorded.

The petitioner no.1 apprehends her arrest in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code read with Section 8 of the POCSO Act.

The informant alleges that her minor daughter had accompanied Fulo Devi and petitioner no.1 for seeing Durga

Patna High Court CR. MISC. No.28516 of 2022(2) dt.26-09-2022 2/3 Pooja but did not return and when the informant inquired about her daughter, she was abused and also received threatening calls from mobile of Jugeshwar Sahani.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner is neighbor of the informant, further the victim came back and her statement was recorded under Section 164 of the Cr.P.C. wherein she has stated that she was forced to elope with Jugeshwar by Fulo Devi. Learned counsel further submits that admittedly the victim has not taken name of petitioner no.1 in her statement under Section 164 Cr.P.C. which would be evident from the impugned order itself.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner no.1, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.28516 of 2022(2) dt.26-09-2022 3/3 court in connection with Sahiyara P.S. Case No. 129 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T