Kavita Kumari @ Kavita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56193 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- GURUA District- Gaya ====================================================== Kavita Kumari @ Kavita Devi Wife of Satish Kumar R/V- Village- Dhebra, P.S.- Gurua, Distt.- Aurangabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Simran Kumari D/O- Kamesh Thakur R/V- Village- Dhibra, P.S.- Gurua, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, A.P.P.
For the O.P. No. 2 :
Mr. Sanjay Kr. Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 342, 323, 376, 511/34 of the Indian Penal Code.
3. As per prosecution case, co-accused Raja committed sexual assault with the informant. This petitioner is alleged to have persuaded the informant to talk to co-accused Raja.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Specific accusation of commission of sexual assault is against co-
Patna High Court CR. MISC. No.56193 of 2024(3) dt.10-01-2025 2/2 accused Raja and there is no allegation of any specific overt act against the petitioner. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge POCSO-cum-Additional Sessions Judge-VII, Gaya in connection with Gurua P. S. Case No. 120 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T