Kuchiya Devi @ Meera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35241 of 2020 Arising Out of PS. Case No.-119 Year-2020 Thana- SIKTI District- Araria ====================================================== 1.

KUCHIYA DEVI @ MEERA DEVI W/o Dilip Manjhi R/o villageKhoragach Ward No. 09, P.S.- Sikty, District- Araria 2.

Dilip Manjhi @ Dileep Manjhi @ Dilip Kumar Manjhi S/o Jagat Lal Manjhi R/o village- Khoragach Ward No. 09, P.S.- Sikty, District- Araria ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard through virtual mode.

Learned counsel for the petitioners seeks permission of the Court to withdraw this application in respect of petitioner no. 2 as he has been taken into judicial custody. Permission is accorded.

The application is dismissed as withdrawn in respect of petitioner no. 2.

The petitioner no. 1 is apprehending her arrest in a case registered under Sections 341, 323, 324, 326, 354(B), 379, 504, 506, 509/34 of the Indian Penal Code.

Prosecution allegation, in short, is that accused persons assaulted the informant and tried to outrage her modesty.

Patna High Court CR. MISC. No.35241 of 2020(2) dt.19-03-2021 2/2 It has been submitted on behalf of the petitioner no. 1 that petitioner no. 1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner no. 1. The petitioner no. 1 has falsely been implicated in the present case. Petitioner no. 1 is a lady. The F.I.R. has been instituted after 3 days of the alleged occurrence. The delay has not been explained. The present case has been instituted for oblique reasons.

On behalf of the State, it is submitted that the petitioner no. 1 is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner no. 1, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Araria in connection with Sikty P.S. Case No. 119 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T