Komal Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63292 of 2021 Arising Out of PS. Case No.-97 Year-2019 Thana- MOKAMAH District- Patna ====================================================== 1.

Komal Kumari D/O Ramkeshwar Yadav Resident Of Kamar Tola Durgapur, P.S. Khagariya (Muffasil), District - Khagaria. At Present C/O Late Narayan Pd. Rai Resident Of Mekra Dih, P.S. Mokama, District - Patna. 2.

S.P. @ Ranbir Kumar S/o Ramkeshwar Yadav Resident of Kamar Tola Durgapur, P.S. Khagariya (Muffasil), District - Khagaria. At present C/o Late Narayan Pd. Rai resident of Mekra Dih, P.S. Mokama, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Shankar Sinha For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code. Later on Section 376(DA) I.P.C and Section 4 of the POCSO Act was also added.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 2 namely S.P. @ Ranbir Kumar.

Patna High Court CR. MISC. No.63292 of 2021(3) dt.01-08-2022 2/3 Permission is accorded.

Accordingly, the petition with respect to petitioner No. 2 is dismissed as withdrawn.

It is alleged that minor daughter of the informant has been eloped by the petitioners and others. It is submitted by learned counsel for the petitioner No. 1 that she was not named in the F.I.R. The allegation against the petitioner is that she went along with the victim to the market from where Bittu and S.P. 2 Ranbir Kumar took her to Bhagalpur where one Raju forcibly committed rape upon her. It is further submitted that petitioner No. 1 is unmarried girl and she had no intention to commit any offence against the victim.

In the facts and circumstance of the case, let the petitioner No. 1, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.63292 of 2021(3) dt.01-08-2022 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Patna in connection with Mokama P.S. Case No. 97 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T