Reena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40229 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- MAHILA THANA District- Begusarai ====================================================== REENA DEVI Wife of - Munna Sah Resident of Village- Ward No. 43, Bishanpur, P.S.- Town, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 376, 342, 34 of the Indian Penal Code and u/s 4 of the POCSO Act.

As per the prosecution case, this petitioner is alleged to have facilitated the commission of offence of rape. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Thrust of accusation is against co-accused, Atal Kumar. So far this petitioner is concerned she is only alleged to have taken Adhar card, Account No. and passport size photograph of the informant. No offence u/s 376, 342 of the IPC or u/s 4 of the POCSO Act is made out against this petitioner. Petitioner is lady and in custody since 02.04.2021 and investigation in this case is

Patna High Court CR. MISC. No.40229 of 2021(2) dt.07-10-2021 2/2 complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cum- Special Judge, POCSO Act, Begusarai in connection with Mahila PS case No.09/2021 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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