Sonarma Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54590 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== 1.
SONARMA KUMARI D/O LATE CHANDRIKA SAH R/O VILLAGERAM NAGAR PAITHANPATTI, PS. HARSIDHI, DIST. EAST CHAMPARAN 2.
GURIYA KUMARI D/O RAJENDRA PASWAN R/O VILLAGE- RAM NAGAR PAITHANPATTI, PS. HARSIDHI, DIST. EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar No.I, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 436, 504/34 of the Indian Penal Code, Section 8/12 POCSO Act and 67 of I.T. Act.
3. The allegation against the petitioners is that having conspiracy, they took the informant's daughter with them at the residence of the petitioner no.2, where one Anand Kumar, who was already present, tried to commit rape with the
Patna High Court CR. MISC. No.54590 of 2023(2) dt.09-10-2023 2/3 informant's daughter and made obscene video and threatened her to make viral the said video viral on internet.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail and submitted that the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has supported the prosecution case hence, the petitioners do not deserve anticipatory bail.
6. Considering the statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected.
7. However, if the petitioners surrender before the learned Court below within six weeks from today and seek
Patna High Court CR. MISC. No.54590 of 2023(2) dt.09-10-2023 3/3 regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order considering the fact that petitioner are unmarried girls.
(Anjani Kumar Sharan, J) divyanshi/- U T