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Patna High CourtCR. MISC./40207/2023allowed

Renu Devi @ Renu Kumari v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40207 of 2023 Arising Out of PS. Case No.-310 Year-2020 Thana- MANER District- Patna ====================================================== Renu Devi @ Renu Kumari W/O Lailesh Kumar @ Shailesh Kumar Yadav R/O Village- Beapur, P.S- Maner, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 341, 342, 376(DA), 417 and 120B of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. Allegation against this petitioner is that she brought the informant with her to a brick kiln for providing job where the petitioner was working. It is further alleged that the petitioner then brought the informant to the owner of that brick kiln and then owner of that firm committed rape with the informant and also some of the workers committed rape with the victim(informant).

4.Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40207 of 2023(3) dt.23-08-2023 2/3 petitioner is innocent and has committed no offence. She has falsely been implicated in this case. It is further submitted that the petitioner had only brought the victim for providing job and the allegation of rape attributed against the petitioner is not made out. It is also submitted from para-10 of this petition that when the victim was examined during the course of trial, she did not support the prosecution case and turned hostile. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 21.06.2020. Similarly situated several coaccused persons have already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 series of this petition.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner and the petitioner being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maner P.S. Case No. 310 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.40207 of 2023(3) dt.23-08-2023 3/3 amount each to the satisfaction of learned Additional District and Sessions Judge-VII-cum-Exclusive Special Court (POCSO Act), Patna.

(Sunil Kumar Panwar, J) shubham/- U T