Manisha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68159 of 2018 Arising Out of PS. Case No.-388 Year-2018 Thana- CHAPRA TOWN District- Saran ====================================================== Manisha Devi Wife of Vivek Srivastava Resident of Mohalla- Dahiyawan, Behind Pankaj Cinema, P.S.- Chapra Town, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 376(C), 201, 315 and 120(B) of the Indian Penal Code.

The prosecution case, in short, is that in an inspection conducted by the inspection team, it was found that the victim was being raped in the rehabilitation centre due to which she became pregnant and the accused persons concealed the said fact and had not disclosed about the same to senior officer. 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

Patna High Court Cr.Misc. No.68159 of 2018(3) dt.21-01-2019 2/2 present case. The petitioner is not named in the F.I.R. The petitioner was posted as a peon in the Shelter Home situated at Saidpura, Dighwara in the district of Saran.

On behalf of the State, it is submitted that the present case relates to Shelter Home situated at Saidpura, Dighwara in the district of Saran. As per the allegation, the victim was put to suffer from sexual harassment and due to which she became pregnant. Number of witnesses in paragraphs 88, 376, 377, 378, 379 and 380 of the case diary have stated that this petitioner used to take her to the hospital for treatment in respect of pregnancy which was carried by the victim. The petitioner never reported the alleged incident to any senior officer. Considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. (Sudhir Singh, J) Pankaj/- U T