Pratima Devi @ Partima Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34200 of 2016 Arising Out of PS.Case No. -125 Year- 2015 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ====================================================== Pratima Devi @ Partima Devi, W/o Ranjan Bind, Resident of VillageBishunpur, Police Station- Ekangarsarai, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Prasad, Advocate For the State : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 07-09-2016 I have heard learned counsel for the petitioner and the State.

The petitioner apprehends her arrest in a case registered for offences punishable under Sections 341, 323, 354(B), 366(A) and 376/511 of the Indian Penal Code and Section 27 of the Arms Act.

It is contended that it would appear from the first information report that at the signal given by the petitioner, two persons came and tried to commit rape upon the complainant/informant, however, since she raised alarm, they ultimately could not do that. It is urged on behalf of the petitioner that it is apparent from the complaint/F.I.R. that complainant had

Patna High Court Cr.Misc. No.34200 of 2016 (2) dt.07-09-2016 2 / 2 willingly gone with the petitioner to meet the call of nature and if it is assumed that somebody tried to commit rape then allegation upon the petitioner is merely that she had given signal from torch but that is only due to the fact that on earlier occasion Ekangarsarai P.S. Case No.66/2015 was lodged by the father-inlaw of the petitioner against the father of the informant and his relative.

Having regard to the facts and circumstances of the case and also the fact that the petitioner is a lady, let the petitioner, namely, Pratima Devi @ Partima Devi be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Ekangarsarai P.S. Case No. 125/2015, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Hilsa (Nalanda) subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Sanjay-II/- U T