Rina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64852 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Rina Devi Wife Of Shatrudhan Patel @ Shatrudhan Ray R/V Shahbaja P.S. Sheohar, Distt. - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Sheohar P.S. Case No. 175 of 2023 dated 07.07.2023 registered for the offences punishable u/ss 341, 323, 307 and 504 read with section 34 of the Indian Penal Code and Sections 7 and 8 POCSO Act.

4. As per the prosecution case, the co-accused person Sujeet Kumar @ Bhim is alleged to have involved in sexual assault with the minor daughter of the informant and when the informant and her family members had gone to complain against the accused, all his

Patna High Court CR. MISC. No.64852 of 2023(2) dt.12-10-2023 2/2 family members including the petitioner started abusing and assaulting them with bricks and bamboo due to that the informant's mother-in-law got injured severely.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a lady. The specific allegation of sexual assault is against the co-accused Sujeet Kumar @ Bhim. There is no statutory compliance of sections 164A and 53A of the Cr. P.C. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.07.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheohar in connection with Sheohar P.S. Case No. 175 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T