Prabha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30376 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- LODIPUR District- Bhagalpur ====================================================== PRABHA DEVI WIFE OF ASHOK DAS RESIDENT OF VILLAGE BISHANPUR JICHHO, PS LODIPUR, DISTT. - BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh. 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code as well as Section 8 of the POCSO Act.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. The informant alleges that Uttam Das along with his parents kidnapped his minor daughter for marriage. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case being mother of Uttam Das. It is further submitted that the victim in her statement recorded under Section 164 Cr.P.C. has stated that she married Uttam Das who established physical relation. It is
Patna High Court CR. MISC. No.30376 of 2023(2) dt.12-07-2023 2/2 next submitted that the girl is alleged to be a minor but then she had reached the age of discretion.
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 above-named, 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 court in connection with Special POCSO Case No. 17 of 2022 arising out of Lodipur P.S. Case No. 14 of 2022, subject to the conditions as laid down under Section 438
(2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T