Shanti Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57797 of 2017 Arising Out of PS.Case No. -168 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================
1. Shanti Devi, W/o Late Deo Prakash Singh.
2. Chandra Prabha Kumari, W/o Ram Suchit Singh.
3. Ram Suchit Singh, S/o Awadhesh Singh.
All above are R/o Village- Gandhi Nagar, P.S.- Haspura, DistrictAurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 21-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Haspura P.S. Case No.168 of 2017 registered under Sections 341, 323, 452, 504, 354 and 506 read with Section 34 of the Indian Penal Code with Section 8 of the POCSO Act.
The accusation is that on 07.09.2017 in the evening, the informant was alone at her rented house. At that time, Vimlesh Kumar alias Madan Mohan entered into her house and started to outrage her modesty. When the informant started to raise alarm, Vimlesh Kumar alias Madan Mohan tried to kill her by covering
Patna High Court Cr.Misc. No.57797 of 2017 (2) dt.21-12-2017 2/3 her face through clothes. On hearing the alarm raised by the informant, Lakhan Kumar, Randhir Kumar and Anand Kumar tried to catch hold of Vimlesh Kumar alias Madan Mohan but he succeeded to flee away. Thereafter, they went to the house of Vimlesh Kumar alias Madan Mohan and tried to make query about him to his family members then Shanti Devi (petitioner no.1), Chandra Prabha Kumari (petitioner no.2) and Ram Suchit Singh (petitioner no.3), the mother, sister and brother-in-law respectively of Vimlesh Kumar alias Madan Mohan started to abuse and pelting bricks and stones on them.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that the allegation of attempting to outrage the modesty of the informant is against Vimlesh Kumar alias Madan Mohan, who is son, brother and brother-in-law of the petitioner nos.1, 2 and 3 respectively, due to that reason, the petitioners have falsely been implicated in this case. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special
Patna High Court Cr.Misc. No.57797 of 2017 (2) dt.21-12-2017 3/3 Judge (POCSO), Aurangabad, in connection with Haspura P.S. Case No.168 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T