Kaushaliya Devi @ Shushila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56472 of 2024 Arising Out of PS. Case No.-16 Year-2024 Thana- JAMHOR District- Aurangabad ====================================================== Kaushaliya Devi @ Shushila Devi W/O Laskshmi Ram @ Laxmi Ram R/O Village- Jamhore, P.S- Jamhore, Distt.- Aurangabad. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sushma Kumari Daughter of Rampravesh Ram Village and P.S- Jamhore, Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Jamhore P.S. Case No. 16 of 2024 registered under Sections 341, 323, 342, 363, 376, 34 of the Indian Penal Code and Section 4 of the POCSO Act.
3. As per F.I.R., specific accusation of sexual assault is against co-accused Rohit Kumar. This petitioner happens to be mother of co-accused Rohit Kumar.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case merely because she is mother of
Patna High Court CR. MISC. No.56472 of 2024(2) dt.10-09-2024 2/2 co-accused Rohit Kumar. Further submission is that no specific allegation against this petitioner. Petitioner is a lady and has got clean antecedent.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VI-cum-Special Exclusive Judge (POCSO), Civil Court, Aurangabad in connection with Jamhore P.S. Case No. 16 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T