Patna High CourtCR. MISC./39517/2016bail granted

Shyama Devi v. The State Of Bihar

2016-09-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39517 of 2016 Arising Out of PS.Case No. -125 Year- 2014 Thana -MAHILA P.S District- SUPAUL ====================================================== Shyama Devi. Wife of Ram Chandra Sharma, resident of village -Fulkaha, Police Station- Jadia, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Adv. For the State : Mr. Ramesh Chandra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Mahila P.S. Case No.125 of 2014 registered under Sections 366A, 376 and 34 of the Indian Penal Code.

It is contended that the petitioner, being a lady, has been a victim of malicious prosecution. The case is based on a complaint which was referred to the Police under Section 156(3) of the Code of Criminal Procedure pursuant to which the First Information Report has been instituted on 23rd December, 2014. It is contended that the case is registered under Sections 366A and 376/34 of the Indian Penal Code. However, the ingredients of the offence punishable under Section 376 of the Indian Penal Code

Patna High Court Cr.Misc. No.39517 of 2016 (2) dt.17-09-2016 2/2 would not be attracted against the petitioner. It is further contended that the story narrated in the complaint is highly unbelievable as it is not expected that a mother would instigate her son to commit rape upon a married lady so that she may agree for marriage with her son.

Learned counsel for the State has opposed the application for bail to the petitioner.

Regard being had to the facts and circumstances of the case, the petitioner above named who is in custody since 16.6.2016, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Supaul, in connection with Mahila P.S. Case No. 125 of 2014.

(Ashwani Kumar Singh, J) S.Ali/- U T