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Patna High CourtCR. MISC./44305/2022allowed

Geeta Devi v. The State Of Bihar

2022-12-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44305 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Geeta Devi Wife Of Satyendra Chauhan R/O Village - Sita Bigha, Beldariya, P.S. - Parwalpur, District - Nalanda.

2.

Satyendra Chauhan Son Of Isari Lal Chauhan R/O Village - Sita Bigha, Beldariya, P.S. - Parwalpur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 120(B) of the Indian Penal Code and Section 8/12 of POCSO Act.

It is a case of commission of rape with informant by the co-accused, namely, Satish Chauhan.

It is submitted by learned counsel for the petitioners that petitioners are innocent and have falsely been implicated in the present case. It is also submitted that

Patna High Court CR. MISC. No.44305 of 2022(2) dt.12-12-2022 2/2 there is specific allegation of committing rape is against coaccused Satish Chauhan, not against these petitioners. Being the parents of main accused Satish Chauhan, they are implicated in the present case. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned VIIth Additional District & Sessions Judge-cumSpecial Judge, POCSO, Nalanda, Biharsharif in connection with Noorsarai P.S. Case No. 86 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T