Kumari Babi @ Kumari Devi @ Madhubani Wali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63300 of 2017 Arising Out of PS. Case No.-58 Year-2017 Thana- MAHILA P.S. District- Sitamarhi ====================================================== Kumari Babi @ Kumari Devi @ Madhubani Wali, W/o Shambhu Sah, Resident of Village -Kharsaan, P.S.-Riga, District - Sitamarhi. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ashhar Mustafa, Advocate For the Opposite Party :
Mr. Rajkishore Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends her arrest in connection with Sitamarhi Mahila P.S. Case No. 58 of 2017, registered for the offence punishable under Section 376/34 of the Indian Penal Code.
Allegedly, the petitioner on false pretext brought the informant at Sitamarhi and pushed her in a room where a male being naked was waiting and that male forcibly committed rape with the informant and thereafter the petitioner brought the informant and changed her cloths.
Submission is of false implication and that the petitioner is made victim of the circumstances, no offence under
Patna High Court Cr.Misc. No.63300 of 2017(2) dt.05-02-2018 2/2 Section 376/34 of I.P.C. is made out against the petitioner and the petitioner is a lady. There is nothing against the petitioner and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that from impugned order it reveals that in the statement recorded under Section 164 Cr.P.C. the victim has supported the allegation against the petitioner. In the facts and circumstances as stated above, finding it not a fit case of pre-arrest bail and, as such, I am not inclined to grant privilege of pre-arrest bail to her and accordingly her such prayer stands rejected in connection with Sitamarhi Mahila P.S. Case No. 58 of 2017, pending in the Court of learned Chief Judicial Magistrate, Sitamarhi. (Jitendra Mohan Sharma, J.) Rajiv/- U T