Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37864 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== 1.

Rina Devi Wife of Papu Ray R/o Village - Sirouli, P.S.- Riga, Distt.- Sitamarhi.

2.

Asha Devi Wife of Sroj Ray R/o Village - Hanuman Nagar, P.S.- Riga, Distt.- Sitamarhi.

3.

Kushmi Devi Wife of Late Ramjinish Ray R/o Village - Sirouli, P.S.- Riga, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Murari, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024

1. Heard learned counsel for the petitioners and Mr. Chandra Bhushan Prasad learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code and Section 8 of the POCSO Act.

3. Learned A.P.P. submits that the victim has been recovered and her statement has also been recorded under Section 164 Cr.P.C. It is further submitted that Santosh Kumar has also been apprehended and he has been sent to judicial custody.

4. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and have been falsely implicated in the present case by the informant who alleges that his minor daughter, aged about 15 years, was kidnapped

Patna High Court CR. MISC. No.37864 of 2024(5) dt.06-08-2024 2/2 on 19.06.2023, at about 06:00 p.m., when she was going to school and the petitioners were involved in the kidnapping.

5. Learned counsel for the petitioners submits that victim is a major and she was in love with Santosh Kumar who is son of petitioner no. 3 and petitioners no. 1 and 2 are married sisters of Santosh Kumar. It is further submitted that petitioners have been implicated in the present case only to coerce Santosh Kumar into submission.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Riga P.S. Case No. 247 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T