Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70319 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== SAVITRI DEVI W/o Lakshman Chaudhary R/o Village- Purnahi, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nibha Kumari, W/O- Dinesh Chaudhary R/O- Village- purnahi, Ward no. 06, P,s.- warisnagar, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Om Prakash Om, Advocate For the State :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 420, 120B, 341, 376 and 504 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per prosecution case, allegation against this petitioner is that she brought the victim to a hotel where it is alleged that co-accused Pawan Pandit committed rape with her.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has

Patna High Court CR. MISC. No.70319 of 2024(4) dt.02-04-2025 2/3 committed no offence. As per F.I.R., date of occurrence is 01.08.2023 whereas the present F.I.R. has been lodged after inordinate delay of one month on 02.09.2023 and there is no plausible explanation for the same. Victim is a major and the medical report does not show any signs of sexual assault which itself falsifies the entire prosecution case. During course of investigation, the police did not find any evidence regarding entry of the victim and this petitioner at the alleged hotel. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation, delay in lodging of the F.I.R. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-6th, Samastipur in

Patna High Court CR. MISC. No.70319 of 2024(4) dt.02-04-2025 3/3 connection with Mahila P.S. Case No. 83 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T