Reshmi Devi @ Reshami Devi @ Reshma Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63501 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

Reshmi Devi @ Reshami Devi @ Reshma Devi Wife Of Lala Thakur Resident Of Mohalla - Gandhi Nagar, Jehanabad, P.S.- Jehanabad, District - Jehanabad, Bihar.

2.

Lala Thakur Son of Late Balgam Thakur @ Balgaw Thakur Resident of Mohalla - Gandhi Nagar, Jehanabad, P.S.- Jehanabad, District - Jehanabad, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-05-2023 Heard Mr. Surendra Kumar Mishra, learned Counsel appearing on behalf of the petitioner and Mr. Dashrath Mehta, learned A.P.P. appearing on behalf of the State.

2. The petitioners seek pre-arrest bail in connection with Mahila P.S. Case No. 18 of 2022 for the offences punishable under Sections 376, 313 and 34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. The prosecution story, in brief, is that accused persons named in the F.I.R. had committed rape upon the

Patna High Court CR. MISC. No.63501 of 2022(2) dt.04-05-2023 2/3 informant who is a minor girl.

4. Learned Counsel appearing on behalf of the petitioners submits that a false case have been made against the petitioner. Learned counsel further submitted main allegation is against one co-accused namely, Ojas Nanda and petitioner nos. 1 and 2 are maternal grandmother and maternal grandfather, of the said co-accused, respectively. Learned counsel further submitted that the petitioners are senior citizens and they have no role in alleged offence.

5. Learned A.P.P. appearing on behalf of the State submits that main accused namely, Ojas Nanda, who has allegedly committed rape upon the victim, is behind the bar.

6. Considering the fact that the petitioners have no role in alleged crime and main accused namely, Ojas Nanda, who has allegedly committed rape, is behind the bar, the Court below is directed to release the above named petitioners on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) each with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-VI-CumSpecial Judge (POCSO) Act, Jehanabad in connection with

Patna High Court CR. MISC. No.63501 of 2022(2) dt.04-05-2023 3/3 Mahila P.S. Case No. 18 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The present bail application, accordingly, stands disposed of.

(Purnendu Singh, J) nilmani/minu U T