Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24058 of 2018 Arising Out of PS.Case No. -60 Year- 2018 Thana -BRAHMPUR District- BUXAR ====================================================== Rita Devi, Wife of Late Manoj Dubey, Resident of Village- Brahmpur, Police Station- Brahmpur, District- Buxar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar Singh, Advocate For the Opposite Party : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 316, 34/120B IPC and section 17 of the POCSO Act.

The petitioner claims parity with Akhatar Hussain @ Dr. Akhtar Hussain @ Munna who is doctor and one Sonu Kumar who is compounder of the Nursing Home, who have been allowed bail by this Court vide orders dated 18.5.2018 and 22.5.2018, passed in Cr.Misc.No. 29250 and 19924 of 2018 respectively. It is submitted that the victim girl has stated on affidavit that she was not aborted in the Nursing Home where the petitioner was a nurse. Prior to lodging of this case, petitioner has no criminal antecedent and is in custody since 19.2.2018. In the facts and circumstances of the case, prayer for bail

Patna High Court Cr.Misc. No.24058 of 2018 (3) dt.23-05-2018 2/2 of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge I cum Special judge SC/ST & POCSO Act in Brahmpur Police Station Case No. 60 of 2018, POCSO Case no. 13 of 2018 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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