Sahiba Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59446 of 2023 Arising Out of PS. Case No.-385 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== SAHIBA KUMARI W/o Amit Kumar R/o Village - Pawai, P.S. - Suryagarha, Distt. - Lakhisarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Shanu with Mr. Abhishek Rai, Advocates For the Opposite Party/s :
Mr. Harendra Prasad,APP For the Informant :
Mr. Ram Vinay Pd. Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner, informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 376, 354(A)(B)(C) (D),506 and 120B of the Indian Penal Code and Sections 6,10 and 12 of the POCSO Act.
3. The allegation against the petitioner along with another is of establishing physical relation with the informant and viral her objectionable video.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. Petitioner is the wife of the main accused namely Amit Kumar, due to which she has been made accused
Patna High Court CR. MISC. No.59446 of 2023(3) dt.21-09-2023 2/2 in this case. There is no specific allegation against the petitioner rather the specific allegation against co-accused Amit Kumar. She is languishing in judicial custody since 25.05.2023.
5. The application for bail is opposed by learned APP for the State, learned counsel for the informant and submitted that the petitioner has conspiracy with the co-accused Amit Kumar.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as petitioner being a lady, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Lakhisarai P.S. Case No. 385 of 2023. (Sunil Kumar Panwar, J) arish/- U