Khushabu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33473 of 2019 Arising Out of PS. Case No.-355 Year-2018 Thana- JAKKANPUR District- Patna ====================================================== 1.
Khushabu Kumari, D/o Suresh Kumar Prasad, Resident of Village - Sheo Shankar Nagar, Kukuhia Tola Masaurhi, P.S.- Masaurhi, Distt - Patna. 2.
Sumintra Devi @ Sumita Devi, Wife of Suresh Kumar Prasad, Resident of Village - Sheo Shankar Nagar, Kukuhia Tola Masaurhi, P.S.- Masaurhi, Distt - Patna.
3.
Suresh Kumar Prasad, Son of Late Bechan Prasad, Resident of Village - Sheo Shankar Nagar, Kukuhia Tola Masaurhi, P.S.- Masaurhi, Distt - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma,, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Special (POCSO) Case No.150/2018 arising out of Jakkanpur P.S. Case No.355 of 2018 for allegedly having committed the offence under Sections 376, 376(A), 420, 406, 379/34 of the Indian Penal Code and Section 12 of the POCSO Act as well as Section 66(I) of the I.T. Act. Learned counsel for the petitioners submits that the entire allegation is false and frivolous and the case has
Patna High Court CR. MISC. No.33473 of 2019(2) dt.21-05-2019 2/3 been lodged after a belated period of one year and four months and the entire allegation appears to be doubtful. It is further submitted that prior to the lodging of the present case, petitioner no.1 had lodged a case against the father and brother of the informant and in the said case, it has been clearly stated that the informant's side had attacked the house and the family of the petitioners, for which an F.I.R. had been duly lodged at that point of time. It is thus submitted that in view of frivolous nature of allegations and that the delay in lodging of the F.I.R. having remained unexplained, the petitioners may be extended the privilege of anticipatory bail.
Having considered the entire facts and circumstances, which are on record and also that these petitioners have no criminal antecedents, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the court of Special Judge POCSO, Patna cum A.D.J.-I, Patna, in connection with Special (POCSO) Case
Patna High Court CR. MISC. No.33473 of 2019(2) dt.21-05-2019 3/3 No.150/2018 arising out of Jakkanpur P.S. Case No.355 of 2018.
(Anjana Mishra, J) PNM U T