Patna High CourtCR. MISC./60570/2018bail granted

Sakuntala Devi v. The State Of Bihar

2018-11-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60570 of 2018 Arising Out of PS.Case No. -250 Year- 2018 Thana -BARH District- PATNA ====================================================== Sakuntala Devi, D/o - Janradan Pandey, R/o Vill.- Naya Toal, Daya Chak, P.S.- Barh, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special Case No.138 of 2018 arising out of Barh P.S. Case No.250 of 2018 instituted for the offence under Section(s) 376/34 Indian Penal Code and Section 6 of the POCSO Act.

Counsel for the petitioner submits that petitioner is a lady. She has not committed any overt act. The victim has given statement under Section 164 Cr.P.C. that Manne Yadav has committed rape with her after confining her in a room. She has levelled general allegation against the petitioner that she had come to her house to demand knife and when she opened the gate, this petitioner dragged her from the house.

Patna High Court Cr.Misc. No.60570 of 2018 (3) dt.01-11-2018 2/2 Beside this general allegation, there is no allegation of any specific overt act against the petitioner. Petitioner is in custody since 20.07.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, 1stcum-Special Judge, POCSO, Patna, in connection with Special Case No.138 of 2018 arising out of Barh P.S. Case No.250 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- U T