Seema Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43937 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== SEEMA KUMARI Daughter of Ramayan Kushwaha Resident of Village - Pipra Kutty, Bhedihari Tola, P.S.- Valmikinagar, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 10-02-2022 Heard both the parties through video conferencing. The petitioner seeks bail in anticipation of her arrest in connection with Bagaha Mahila P.S. Case No.10 of 2020 instituted for the offences under Sections 376, 120B, 506, 34of the Indian Penal Code & Section, 4 &6 of POCSO Act and u/s 3(2)(v) of SC/ST (POA) Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is of asking the prosecutrix to go with Sonu Kumar Prajapati, whereas the allegation of rape is alleged against Sonu Kumar Prajapati. Learned counsel submits that the compromise arrived at between the prosecutrix and Sonu Kumar Prajapati and so far as the petitioner is concerned she cannot be said to be involved in the said case.

Patna High Court CR. MISC. No.43937 of 2021(3) dt.10-02-2022 2/2 Taking into consideration the overall aspect and after examining the case diary, wherein the age of the victim girl to be between 17 to 18 years and that there is no evidence of sexual relation, I am inclined to grant benefit of anticipatory bail to the petitioner and in the event of arrest, she shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjeev Prakash Sharma, J) amit/- U T