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Patna High CourtCR. APP (SJ)/3450/2019dismissed

Meena Devi @ Basanti v. The State Of Bihar

2019-12-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3450 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== MEENA DEVI @ BASANTI Wife of Vashishta Jha Resident of Village - Jagdishpur, P.S. - Samastipur (Muffasil), District - Samastipur. ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dilip Kumar Roy For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2019 Appellant seeks bail in connection with Tajpur P.S.Case No. 132 of 2019 registered for the offences punishable under Sections 376A, 376B, 506/34 of the Indian Penal Code, Sections 18, 6 of POCSO Act and Sections 3 (i)(r)(s)(w), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

As per FIR the appellant called the victim girl, who is aged 8 years and thereafter she offered her one cup of tea and it is also alleged that one of her tenants has committed rape upon the victim girl.

Submission of learned counsel for the appellant is that whole allegation is false and concocted and allegation of rape is against one Kamlesh Kumar Sah and only allegation against her is that he called the victim girl and she is in custody since

Patna High Court CR. APP (SJ) No.3450 of 2019(5) dt.16-12-2019 2/2 23.5.2019.

Heard learned Special P.P., who has opposed the prayer for bail of the appellant stating that in her statement the victim girl has stated that appellant had called her and she was subjected to rape.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the appellant.

Accordingly, this appeal is dismissed.

(Vinod Kumar Sinha, J) spal/- U T