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Patna High CourtCR. MISC./5313/2021bail granted

Ramita Devi v. The State Of Bihar

2021-09-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5313 of 2021 Arising Out of PS. Case No.-484 Year-2020 Thana- SIKARPUR District- West Champaran ====================================================== RAMITA DEVI, Wife of Sri Chhotelal Sah, Resident of Village-Maheshna (Maheshra), Malahi Tola, P.S.-Gopalpur, District-West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 366A of the Indian Penal Code and sections 8/12 of the POCSO Act. As per the prosecution case, the 16 year old minor daughter of the informant was enticed away by the accused Chhotelal Sah and his wife, the petitioner herein. It is stated that his daughter took Rs.10,000/- with her.

It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner are false and concocted. The petitioner has been falsely implicated in the case. The daughter of the informant returned back home. The petitioner who is a woman has remained in custody for one year.

Patna High Court CR. MISC. No.5313 of 2021(5) dt.20-09-2021 2/2 She has no criminal antecedent. Chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State who submits that the daughter of the informant supported the allegations in her statement under section 164 Cr.P.C..

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner having remained in custody for one year, the petitioner is directed to be enlarged on bail in connection with Shikarpur P.S. Case no. 484 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Addl. Sessions Judge-cum-Special Judge, POCSO Act, West Champaran at Bettiah.

(Partha Sarthy, J) Spd/- U T