Rinku Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62222 of 2024 Arising Out of PS. Case No.-587 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Rinku Devi Wife of Surendra Kumar @ Surendra Sahni Resident of villageBahiwara, Gangoliya, PS- Saraiya, Distt.- Muzaffarpur 2.

Surendra Kumar @ Surendra Sahni Son of Hari Kishun Sahni Resident of village- Bahiwara, Gangoliya, PS- Saraiya, Distt.- Muzaffarpur 3.

Raj Kumar Sahni Son of Late Kailash Sahni Resident of village- Nirpur, PSSahebganj, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sabita Devi Wife of Sonelal Sahni Resident of village- Bahiwara, Gangoliya, PS- Saraiya, Distt.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Advocate Ms. Priyanka Kumari, Advocate Ms. Kumari Rupa, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 376, 386, 506 of the Indian Penal Code, Sections 4, 6 of the Protection of Children from Sexual Offences Act and Section 67 of the Information Technology Act.

3. As per prosecution case, co-accused Vikas Kumar established physical relation with minor daughter of informant

Patna High Court CR. MISC. No.62222 of 2024(2) dt.01-10-2024 2/3 on the pretext of marriage and made video of the same. These petitioners are alleged to have demanded Rs. 10 lacs as dowry and threatened to make the aforesaid video viral if the dowry was not paid.

4. Learned counsel for the petitioners submits that petitioner Nos. 1 and 2 are gotni and dewar of informant and petitioner No. 3 is father of petitioner No. 1. Specific accusation of sexual assault is against co-accused Vikas Kumar. Allegation against petitioners is general and omnibus. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the fact that specific accusation of sexual assault is against co-accused Vikas Kumar, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, POCSO, Court No. II, Muzaffarpur in connection with Saraiya P. S. Case No. 587 of 2023, subject to condition as laid down

Patna High Court CR. MISC. No.62222 of 2024(2) dt.01-10-2024 3/3 under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T