Indra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58009 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== 1.
Indra Devi W/O Ramudar Singh R/O Village- Maniyari, Ps. Punaura, Dist. Sitamarhi 2.
Ramudar Singh S/O Jagarnath Singh R/O Village- Maniyari, Ps. Punaura, Dist. Sitamarhi ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Riga P.S. Case No. 146 of 2023 dated 03.04.2023, instituted for the offence punishable under Sections 366A, 376/34 of the Indian Penal Code and under Section 4/6 of POCSO Act.
3. The case of prosecution, in short, is that the son of the petitioners, namely, Ajit Kumar with the help of petitioners kidnapped the minor daughter of the informant and took her to their house where she was confined in a room and then Ajit forcibly committed rape upon her on the point of gun.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.58009 of 2023(2) dt.13-09-2023 2/2 petitioners are innocent and they have falsely been implicated in this case. It is submitted that petitioners are parents of the Ajit Kumar, who is the main culprit in this case and all allegation levelled in the F.I.R. as well as in the statement recorded under Section 164 of the Code of Criminal Procedure is against the said Ajit Kumar. Lastly, it has been submitted that they have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Riga P.S. Case No. 146 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Add. Sessions Judge VI - Cum - Special Judge, (POCSO Act) Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Shanu/- U T