Sanjha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55331 of 2021 Arising Out of PS. Case No.-683 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.
SANJHA DEVI Wife of Mahendra Paswan Resident of Village - Basatpur, P.S. - Runnisaidpur, District - Sitamarhi 2.
Sita Devi Wife of Sitaram Paswan Resident of Village - Basatpur, P.S. - Runnisaidpur, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-02-2022 Heard both the parties.
The petitioners seek bail in anticipation of their arrest in connection with Runnisaidpur P.S. Case No.683 of 2018 instituted for the offences under Sections 312, 366A, 370, 372, 373, 376, 120B, 317, 350, 503 of the Indian Penal Code, Sections 75, 81, 87 of Juvenile Justice (Protection and Care) Act, Section 6 of POCSO Act, Section 5 of Immoral Traffic Prevention Act, Section 9, 11 of Prohibition of Child Marriage Act and Section 6 of pre-conception and Pre-Natal Diagnostic Technologies Act.
Learned counsel for the petitioners submits that the son of the petitioner no.1 and brother-in-law of the petitioner
Patna High Court CR. MISC. No.55331 of 2021(2) dt.24-02-2022 2/3 no.2 are being sought to be arrested with regard to the allegation of victimization by the accused Subodh. The petitioners cannot be said to be in any manner abducted as Subodh has been found to be having illicit relationship with the concerned girl. Learned counsel submits that co-accused Subodh has already granted regular bail.
Taking into consideration that both the petitioners are ladies, I am inclined to grant anticipatory bail to the petitioners and in the event of their arrest, shall be released on bail subject to conditions as laid down under section 438 (2) of the Cr.P.C., which are as under:-
1. The petitioners, namely, 1. Sanjha Devi 2. Sita Devi shall furnish personal bond with their recent self-attested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.
2. The petitioners shall cooperate with the investigation and make themselves available for interrogation whenever required.
3. The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer,
Patna High Court CR. MISC. No.55331 of 2021(2) dt.24-02-2022 3/3
4. The petitioners shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
5. The petitioners shall not leave the territory of Sitamarhi without prior permission of the court, till trial is over;
6. The petitioners shall maintain law and order;
7. The petitioners shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;
8. The petitioners shall surrender their passport, if any, before the investigating officer within a week and, if they do not possess any passport, they shall file an affidavit to that effect before the investigating officer;
9. The petitioners shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.
(Sanjeev Prakash Sharma, J) amit/- U T