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Patna High CourtCR. MISC./49007/2019bail granted

Sarita Devi @ Sarika Devi @ Srika Devi v. The State Of Bihar

2019-08-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49007 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

SARITA DEVI @ SARIKA DEVI @ SRIKA DEVI Wife of Ujjwal Kumar Saha Resident of Keshaw Bhawan, Near Marwari Pathsala Khalifabag, P.S.- Jogsar, Distt - Bhagalpur.

2.

Rupa Devi Wife of Dharmendra Kumar Saha @ Pinku Saha Resident of Keshaw Bhawan, Near Marwari Pathsala Khalifabag, P.S.- Jogsar, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kotwali (Jogsar) P.S. Case No. 281 of 2019, disclosing the offence under Sections 363, 354-A, 354-B, 506 of the Indian Penal Code and Sections 4/8 of POCSO Act.

Petitioner no. 1 is the mother of the main accused Ayus Saha, who is said to have committed the offence against the informant. Petitioner no. 2 is co-sister (gotni) of petitioner no. 1.

I find substance in the submission made on behalf of the petitioners that they have been mainly implicated because

Patna High Court CR. MISC. No.49007 of 2019(2) dt.06-08-2019 2/2 of their relationship with the main accused Ayus Saha. Considering the facts and circumstances, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge 1st cum Special Judge, POCSO, Bhagalpur in Kotwali (Jogsar) P.S. Case No. 281 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T