Soni Kumari @ Soni Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30710 of 2018 Arising Out of PS.Case No. -207 Year- 2017 Thana -BYPASS District- PATNA ====================================================== Soni Kumari @ Soni Devi W/o Uday Ray, R/o Vill.- Saidabad, P.S.- Raghopur, District- Vaishali, at present tenant in the house of Jagdish Chaudhary, "Bena Sao Ke Bag", P.S.- Bypass, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dipak Kumar For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned A.P.P. for the State. The petitioner seeks regular bail in connection with Special (POCSO) Case No.147 of 2017 arising out of Bypass P.S. Case No.207 of 2017 registered for the offences punishable under Sections 363, 370, 372 and 376 of the Indian Penal Code and Section 4/6 of the POCSO Act.
As per the F.I.R, the informant (victim) has alleged that this petitioner along with other accused sold her in the hand of one Guddu at Farukhabad (U.P.) and thereafter she was sold to different person at Aeta of Uttar Pradesh. The victim was sold turn by turn to different persons who sexually exploited the
Patna High Court Cr.Misc. No.30710 of 2018 (3) dt.05-07-2018 victim. The victim was recovered and accordingly the case was registered.
It has been submitted that there is nothing in the casediary to show the complicity of this petitioner. The victim girl has lodged this case against the petitioner with false and frivolous allegation. The petitioner is in custody since 25.09.2017 having clean antecedent and so he deserves to be enlarged on bail. The learned A.P.P. for the State opposed the submission.
From perusal of F.I.R. and case-diary, it appears that this petitioner is main accused with specific allegation that she induced the victim from Rajendra Nagar Railway Station and sold her to different persons in Uttar Pradesh. The police in connection with investigation of Bypass P.S. Case No.199 of 2017 visited at Aeta (U.P.) in order to recover a lady where the police came in contact with the victim. The victim was brought to Bypass Police Station where she narrated about the entire episode for which present case has been registered. The victim in her statement recorded under section 164 of Cr.P.C. before the magistrate has specifically alleged about her inducement by this petitioner.
Patna High Court Cr.Misc. No.30710 of 2018 (3) dt.05-07-2018 Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer of bail is, accordingly, rejected.
(Sanjay Kumar, J) Harish/- U