Vibha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60868 of 2022 Arising Out of PS. Case No.-226 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== VIBHA DEVI, Wife of Sunil Kumar Singh @ Sunil Singh Resident of village - Bhadas, P.S.- Muffasil, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 366(A), 370(A), 372, 120(B) read with Section 34 of the Indian Penal Code and Section 4(2) of the POCSO Act.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant and the co-accused Sonu Kumar and Gulson Kumar committed rape on her forcibly. The co-accused persons also made obscene video of the daughter of the informant and made it viral.

Patna High Court CR. MISC. No.60868 of 2022(4) dt.09-02-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. The specific allegation against the co-accused persons. He has further submitted that the petitioner being a lady has no role in the alleged crime. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the petitioner being a lady, let the above named petitioner, in the event of her arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 226 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T