Heera Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65284 of 2022 Arising Out of PS. Case No.-71 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== HEERA DEVI Wife of Ramesh Ram R/v- Ganeshpur, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.L. Agrawal, Sr. Adv.

Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 366(A), 504, 506/34 of the Indian Penal Code.

Prosecution case relates to abduction of daughter of the informant. During search he case to know that she was being enticed away by the petitioner and other accused persons and committed rape upon her.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is a lady and she has only dropped the victim to a Beauty Parlor. In statement of the victim girl recorded u/s 164 Cr.P.C. she has stated that she had gone with this petitioner and her daughter for

Patna High Court CR. MISC. No.65284 of 2022(2) dt.25-02-2023 2/3 Beauty Parlor from where the petitioner and her daughter returned back and main accused, Kumod Kumar Mukhiya, took her to the house of his mausi, where she remained for some time and Kumod Kumar committed rape with her. She has not made specific allegation of any overt act against the petitioner. In fact, there was love affair between the victim and main accused and she has not protested while she was being taken away by accused Kumod Kumar Mukhiya to his relative's house. Petitioner is languishing in judicial custody since 20.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge (POCSO), Purnea in connection with K. Nagar P.S. Case No. 71 of 2019. (Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.65284 of 2022(2) dt.25-02-2023 3/3