Vina Rani @ Vina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68373 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Vina Rani @ Vina Devi Wife Of Navit Kumar Mahi R/O Village- Lailakh, P.S.- Sabour, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in F.I.R and apprehending her arrest in connection with Bhagalpur Mahila P. S. Case No. 09 of 2022 registered for the offences punishable under Sections 376, 506/34 of the Indian Penal Code and Section 67/67-A of I.T. Act.

The allegation against the petitioner is to help her husband, who committed rape upon informant on false pretext of marriage and also blackmailing her through objectionable

Patna High Court CR. MISC. No.68373 of 2022(2) dt.26-04-2023 2/3 video as captured by husband of the petitioner. Learned counsel appearing on behalf of the petitioner submitted that petitioner herself is the victim of the circumstances and just to create a pressure upon main coaccused who is the husband of the petitioner, the name of the petitioner also implicated in this case without having any connecting material. It is submitted that the thrust of allegation is available against the husband of the petitioner and her implication is only for the reason that she is the wife of main coaccused, namely, Navit Kumar Mahi. While concluding the argument, it is submitted that petitioner is a lady of clean antecedent.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances and by taking note of fact as petitioner is a lady of clean antecedent, where thrust of allegation is available against her husband, let above named petitioner, in the event of her arrest or surrender within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Bhagalpur/concerned Court, in connection with Bhagalpur

Patna High Court CR. MISC. No.68373 of 2022(2) dt.26-04-2023 3/3 Mahila P. S. Case No. 09 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T