Rambha Devi @ Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37000 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- MAHILA P.S. District- Saharsa ====================================================== Rambha Devi @ Shanti Devi W/O Pramod Paswan R/o village- Rifujee Colony Ward No. 5, P.S. and District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Special (POCSO) Case No. 59 of 2020, arising out of Mahila P.S. Case No.42 of 2020, registered for the offence under Sections 342, 376(3), 373, 120(B), 509 of the Indian Penal Code, Section 3, 4, 5(i)(d), 6, 7 of the I.T.Act and Section 6 of the POCSO Act. As per the F.I.R., this petitioner is alleged to have forced the informant in flesh trade.

It is submitted on behalf of petitioner that in medical examination, the victim (informant) was found 18 years old and there is no sign of sexual assault. Petitioner is in custody since 30.12.2020.

However, learned A.P.P. for the State opposed the bail

Patna High Court CR. MISC. No.37000 of 2021(3) dt.25-01-2022 2/2 petition and submitted that victim (informant) has supported the prosecution case in her statement recorded under Section 164 Cr.P.C.

Considering the statement of the victim recorded under Section 164 Cr.P.C. and nature of allegation, the bail petition of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T