Rama Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56750 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Rama Devi, W/o Rambabu Singh, Resident of Patel Tola, Ward No. 14 Bargainia, P.S.- Bargainia, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Namrata Dubey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bargainia P.S. Case No. 99 of 2019, registered under Sections 376, 313, 504 and 506/34 of the Indian Penal Code and Sections 4, 6 and 8 of the POSCO Act.

The accusation is that since 5-6 months, husband of the petitioner, who is neighbour of informant, aged about 14 years, called the informant at his house for doing some work in the house and committed rape on her with allurement of money, in which, informant conceived pregnancy. Thereafter, on 09.05.2019, husband of the petitioner administered medicine to the informant due to that reason, blood was oozing from her private part. Thereafter, on 11.05.2019, she became serious then her grandmother and father took

Patna High Court CR. MISC. No.56750 of 2019(2) dt.06-09-2019 2/2 her at Sitamarhi Hospital, where her pregnancy was aborted. When she came at her house then this petitioner along with her husband came there and started to abuse and threatened her for dire consequences.

Learned counsel for the petitioner submits that admittedly, petitioner is wife of co-accused of Rambabu Singh, against whom, the allegation of committing rape on the informant has been made due to that reason, she has also been implicated in the present case with false allegation.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-I-cum-Special Judge, Sitamarhi, in connection with Bargainia P.S. Case No. 99 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T