Sunita Devi @ Sanita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61573 of 2021 Arising Out of PS. Case No.-71 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== SUNITA DEVI @ SANITA DEVI WIFE OF MAHENDRA CHAUDHARY RESIDENT OF VILLAGE- KHARAT, P.S.- MUFFASIL, DISTRICTNALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in a case registered under Section 376(D) of the Indian Penal Code. Allegedly, the co-accused Shankar Choudhary is said to have committed rape upon the victim.

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 been falsely implicated in the present case. The

Patna High Court CR. MISC. No.61573 of 2021(2) dt.04-04-2022 2/2 petitioner is a lady. No offence u/S 376 of the Indian Penal Code is made out against the petitioner. The petitioner has been made accused in the present case only for the reason that she happens to be the mother of the co-accused Shankar Choudhary who is alleged to have committed rape upon the victim. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 71 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T