Priyanka Devi @ Sheweta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41815 of 2024 Arising Out of PS. Case No.-91 Year-2023 Thana- MAHILA PS District- Jamui ====================================================== 1.

Priyanka Devi @ Sheweta Kumari W/O Pawan @PAWAN Ram 2.

Uma Devi W/O Surendra Ram 3.

Surendra Ram S/O Late Jehal Ram 4.

Pawan Ram @ Pawan Kumar S/O Surendra Ram, All Are R/O VillageSuggi, P.S- Jamui, Distt.- Jamui. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 376, 341, 323, 504, 506 and 34 of the IPC and 4/6 of the POCSO Act in connection with Jamui (Mahila) P.S. Case No.91 of 2023.

3. The learned counsel for the petitioners submit that petitioners are persons with clean antecedent and petitioner no.1 and 2 are women.

4. It is next submitted that informant alleges that her minor daughter had gone to the field on 04.12.2023 and when she reached near the house of Siya Ram he told her that his

Patna High Court CR. MISC. No.41815 of 2024(2) dt.24-07-2024 2/3 Bhabhi is calling her and took her inside the house when his Bhabhi close the door of the room and thereafter Siya Ram committed rape upon the daughter of the informant. It is next alleged that the victim disclosed about the occurrence to the informant on 12.12.2023, accordingly the informant went to the house of the petitioners when she was abused and assaulted.

5. The learned counsel for the petitioners submit that Siya Ram and the victim were in love, it is next submitted that petitioners being Bhabhi, mother, father and brother of Siya Ram has been falsely implicated in the instant case by the informant in order to coerce Siya Ram into submission. It is also submitted that Siya Ram is in custody. It is next submitted that it absolutely does not stand to reason that the petitioners would have connived with Siya Ram in committing the occurrence.

6. The learned APP opposes the anticipatory bail application.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.41815 of 2024(2) dt.24-07-2024 3/3 amount each to the satisfaction of the learned Additional Sessions Judge, Ist, Jaumi in connection with Jamui (Mahila) P.S. Case No.91 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T