Patna High CourtCR. MISC./62907/2024bail granted

Leelabati Devi v. The State Of Bihar

2024-09-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62907 of 2024 In CRIMINAL APPEAL (SJ) No.2676 of 2024 Arising Out of PS. Case No.-78 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Leelabati Devi Wife of Dharmdeo Singh God Resident of Village - Chopan, Police Station - Chopan, District - Sonbhadra (Uttar Pradesh) ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Vinita Kumari Daughter or Ramshankar Resident of Village - Karaupiya, Sonbhadra, Raigadh, Uttar Pradesh - 231213 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Yadav, Adv.

For the Opposite Party/s :

Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 78 of 2022 dated 09.09.2022 registered for the offences punishable u/ss 376, 114, 366, 366A read with Section 34 of the Indian Penal Code, Section 6 of the POCSO Act, Section 3(i)(r) 3(i)(s), 3(i)(w)(i), 3(2)(va) of the SC/ST Act and Sections 3, 4, 5, 6, 7 of the Immoral Trafficking Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have forcefully engaged the

Patna High Court CR. MISC. No.62907 of 2024(2) dt.24-09-2024 2/3 informant in flesh trade and when she denied, the petitioner and other accused persons assaulted the informant and locked her in a room. However, she somehow managed to flee from the captivity and filed the present F.I.R. against the petitioner and others.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner and the petitioner has no concern with the alleged offence. It is further submitted that medical report of the victim suggests that the victim is major. As per the impugned order, only one witness has been examined till today. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 03.04.2024 passed in Cr. Misc. No. 70834 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is a lady and she is in custody since 09.09.2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.62907 of 2024(2) dt.24-09-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Mahila P.S. Case No. 78 of 2022 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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