Patna High CourtCR. MISC./53329/2023bail granted

Lali @ Lalita Devi v. The State Of Bihar

2023-08-22Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53329 of 2023 Arising Out of PS. Case No.-484 Year-2023 Thana- KOTWALI District- Patna ====================================================== LALI @ LALITA DEVI W/O RAUSHAN SINGH R/O POSTAL PARK INDIRA NAGAR ROAD NO. 2, RENTER IN THE HOUSE OF RISHI KAPOOR, PS. JAKKANPUR, DIST. PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-08-2023 Heard the parties.

The petitioner is in custody in connection with Spl. (POCSO) Case No. 175 of 2023 arising out of Kotwali P.S. Case No. 484 of 2023 for the offence under sections 341, 342, 366(A), 290, 370(A), 371, 372, 376, 120(B) of the Indian Penal Code and 75, 81 of J.J. Act and 3, 4, 5, 6, 7, 9 ITTPA 4/6 of POCSO Act lodged on 28.06.2023 by the informant, Sanjeet Kumar.

As per the prosecution story, the Officers of Bachpan Bachao Andolan upon information of immoral prostitution near Patna Junction, Station Golambar, Patna reached there and found some minor girl/women in suspicious condition, apprehended and one of them disclosed that she escaped from

Patna High Court CR. MISC. No.53329 of 2023(2) dt.22-08-2023 2/3 house, met this petitioner and was forced into prostitution business. Accordingly, the F.I.R.

The case of the petitioner is that only to implicate her, other persons named her, the FIR was lodged, she is ready to abide by all the terms and conditions, is in custody since 07.07.2023 (as stated in paragraph 5 of the petition) Learned APP opposes the prayer for bail.

Taking into account that she is a lady, is in custody since 07.07.2023, FIR lodged and ultimately will have to face the trial, this Court is inclined to extend her the privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Addl. Sessions Judge VIth cum Excl. Spl. Judge POCSO, Patna, in connection with Spl. (POCSO) Case No. 175 of 2023 arising out of Kotwali P.S. Case No. 484 of 2023 subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.53329 of 2023(2) dt.22-08-2023 3/3 dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) kiran/- U T