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Patna High CourtCR. MISC./35455/2017bail granted

Veena Devi @ Veena Kumari @ Meena Devi v. The State Of Bihar

2017-09-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35455 of 2017 Arising Out of PS.Case No. -312 Year- 2017 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ======================================================

1. Veena Devi @ Veena Kumari @ Meena Devi Wife of Shekhar Singh @ Shashi Sekhar Prasad Sharma Resident of Village/Mohalla - Dighra Rampur Sah, P.S. - Sadar, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Muzaffarpur Sadar P.S. Case No. 312 of 2017 instituted for the offence under Sections-376, 201/34 of the Indian Penal Code and 6/10 of POCSO Act. As per written report, there is specific allegation against coaccused Kali Singh of committing rape with the minor daughter of the informant on account of which, bleeding took place from her private part. It is alleged against this petitioner that she washed the private part and gave her medicines.

The victim girl in her statement u/S 164 of the Cr.P.C. has stated similar statement.

As such, there is general and omnibus allegation against the petitioner.

Patna High Court Cr.Misc. No.35455 of 2017 (3) dt.05-09-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Muzaffarpur Sadar P.S. Case No. 312 of 2017 to the satisfaction of Ist Additional District & Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T