Puja Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62037 of 2022 Arising Out of PS. Case No.-88 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== 1.

PUJA DEVI Wife of Rajesh Kumar Resident of Village- Pyarepur, P.S.- Sarmera, District- Nalanda 2.

MUKESH KUMAR @ MUKESH MONCHI @ MUKESH RAVIDAS Son of Munna Ravidas @ Munna Monchi Resident of Village- Pyarepur, P.S.- Sarmera, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-04-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Giriyak (Katrisarai) P.S. Case No. 88 of 2021, registered for the offences punishable under Sections 363, 366A of the Indian Penal Code, Section 8/12 POCSO Act, 376 D of IPC, Section 4/6 POCSO Act and Section 5 of Immoral Trafficking Act.

As per allegation, co-accused Babloo Kumar,

Patna High Court CR. MISC. No.62037 of 2022(3) dt.13-04-2023 2/3 Suresh Ravidas and mother of Bablu Kumar had kidnapped the minor daughter of the informant.

The learned counsel for the petitioner has submitted that the petitioner is not named in the FIR and she has only made accused since she is sister of main accused Bablu Kumar. The learned counsel has submitted that the victim in her statement under Section 164 of the Cr.P.C. has implicated the entire family members and relatives of the petitioner and she levelled allegation of gang rape against Bablu Kumar, his father Suresh Ravidas and his brother Mukesh Kumar and she has stated that at the time of commission of rape two ladies were also present.

Learned counsel has submitted that considering all these facts co-accused Suresh Ravidas and Kumo Devi have been granted provisional bail by a coordinate Bench of this Court and the case of the petitioners are on better footing. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned AddlDistrict and Sessions Judge (VII)th-cum-Special Judge, POCSO, Bihar Sharif, Nalanda in connection with Giriyak

Patna High Court CR. MISC. No.62037 of 2022(3) dt.13-04-2023 3/3 (Katrisarai) P.S. Case No. 88 of 2021, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T