Khushbu Devi @ Khushbu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41650 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Khushbu Devi @ Khushbu Kumari W/o Janardan Kumar Singh Resident of Village - Barhaunian, P.S.- Sangrampur, Distt.- Munger, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Surendra Kumar Singh For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Jagdishpur (Bypass T.O.P.) P.S. Case No.18 of 2020, giving rise to POCSO Special Case No.08/2020, registered for the offences punishable under Sections 342, 376, 504, 506 and 34 of the Indian Penal Code, Section 66 of the I.T. Act and Section 4 of the POCSO Act.

It has been alleged in the FIR that the victim was subjected to sexual intercourse by one Samarjit Singh @ Chhotu and later she was forced to marry him. The petitioner is said to have helped Samarjit Singh @ Chhotu in solemnizing his marriage with the victim girl.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that so far as petitioner is

Patna High Court CR. MISC. No.41650 of 2021(3) dt.05-07-2022 2/2 concerned, he had also participated in the ceremony of marriage. Apart from this, nothing has been alleged against the petitioner. It is submitted that similarly situated co-accused, Chandra Shekhar Prasad @ Chandra Shekhar Prasad Singh has been granted anticipatory bail vide order dated 25.08.2020, passed in Cr. Misc. No.22318 of 2020.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge-cum-Special Judge (POCSO Act), Bhagalpur in connection with Jagdishpur (Bypass T.O.P.) P.S. Case No.18 of 2020, giving rise to POCSO Special Case No.08/2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T