Sahiba Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59582 of 2023 Arising Out of PS. Case No.-386 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sahiba Kumari W/O Amit Kumar R/O Vill - Pawai, P.S. - Suryagarha, Distt. - Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Shanu For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner, leaned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 376, 354(A)(B)(C)(D), 506 and 34 of the Indian Penal Code and Sections 6, 10, 12 of the POCSO Act. As per prosecution case, the allegation against the petitioner is that she used to click and make obscene photo and video of the informant. It is further alleged that coaccused, namely, Amit Kumar who is also husband of the petitioner, committed several times rape upon her on pretext of viral the aforesaid photos and videos.

Patna High Court CR. MISC. No.59582 of 2023(3) dt.21-09-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is wife of the main accused due to which she has falsely been implicated in this case. No specific allegation of commission of any offence and Section 376 of the IPC was also not made out against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 16.06.2023.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the victim used to take tuition class from the petitioner's husband further the petitioner in connivance with her husband used to click and make video of many girls including the victim and on the basis of viral the same they used to exploit them. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lakhisarai P.S. Case No. 386 of 2023 on furnishing bail bond of

Patna High Court CR. MISC. No.59582 of 2023(3) dt.21-09-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) Manishkr/- U T