Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71875 of 2021 Arising Out of PS. Case No.-517 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== REKHA DEVI, aged about 39 years, Wife of Subodh Kumar, Resident of Village - Farha, Police Station - Akbarpur, District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mrigendra Kumar, Advocate For the Opposite Party :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending her arrest in connection with Akbarpur P.S. Case No. 517 of 2021 for the offence registered under Sections 341, 323, 447, 308, 376, 511, 379 and 34 of the I.P.C.

The prosecution story, in brief, is that on 14.08.2021 at about 14.00 O'clock, the neighbour of the informant, namely, Shyam Kumar, entered into the house of the informant and plunked down her daughter in the Verandaha and started removing her clothes with evil intent. On protest, co-accused

Patna High Court CR. MISC. No.71875 of 2021(2) dt.06-04-2022 2/3 Shyam Kumar assaulted on the head of the informant with the butt of pistol causing head injury. Later on, co-accused Bikram Kumar, brother of Shyam Kumar and Rekha Devi (petitioner) wife of Subodh Kumar came there and co-accused Bikram Kumar hit on the chest of the informant causing serious injury and took her gold chain worth Rs. 50,000/- and Rekha Devi (petitioner) took ear-ring worth Rs. 25,000/- from the neck of the informant's daughter.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The allegation of attempt to commit rape is alleged against co-accused, namely, Shyam Kumar and the allegation of assault is also alleged against co-accused Shyam Kumar and Bikram Kumar. As far as the petitioner is concerned, there is no allegation of sexual and physical assault alleged against the petitioner. She has been made accused in the present case due to village politics.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.71875 of 2021(2) dt.06-04-2022 3/3 the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada, in connection with Akbarpur P.S. Case No. 517/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T