Kalawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37594 of 2020 Arising Out of PS. Case No.-416 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Kalawati Devi Wife Of Baliram Mahto Resident Of Village - Barwat Prasrain, Police Station - Bettiah Muffasil, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.

The petitioner is apprehending her arrest in a case registered under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act. Allegation is that the petitioner called the victim from her house and the victim went along with her, but the victim did not return.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. A petition has been

Patna High Court CR. MISC. No.37594 of 2020(2) dt.22-07-2021 2/2 filed by the informant in the court below, where she has retracted from her earlier statement made in the F.I.R. Said petition is Annexure 3 to the present application. The petitioner is a lady. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Special Judge, POCSO-cumAdditional District Judge VIth, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. case No.416 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T