Sima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58174 of 2021 Arising Out of PS. Case No.-40 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== SIMA DEVI Wife of Pramod Yadav, Resident of Village - Laxman Chak, P.S.- Darauli, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as Mr. Narendra Kumar Singh, the learned Additional Public Prosecutor for the State through video conferencing. The petitioner apprehends her arrest in connection with Mairwa P.S. Case No. 40 of 2021 registered for offence punishable under sections 376, 354B, 506/34 of the Indian Penal Code and sections 6/8 of the POCSO Act.

As per allegation, co-accused Shivam Yadav, who is son of the present petitioner, developed intimacy with the complainant and he made proposal to her for marriage. At the call of Shivam, the complainant came to his house and allegation against the petitioner is that she gave curd to the complainant, after

Patna High Court CR. MISC. No.58174 of 2021(2) dt.08-07-2022 2/2 consuming that curd, she became unconscious and later on, she found herself in nude condition. Later on, the accused persons denied marriage of the complainant with the son of the petitioner. The learned counsel for the petitioner has submitted that the entire allegation is against Shivam Yadav. The present petitioner has falsely been implicated in this case merely because she is mother of the main accused Shivam Yadav. She is an old lady, having no criminal antecedent.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of her arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Siwan in connection with Mairwa P.S. Case No. 40 of 2021, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T