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Patna High CourtCR. MISC./67307/2022allowed

Kajal Devi @ Laxmi @ Durga v. The State Of Bihar

2023-06-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67307 of 2022 Arising Out of PS. Case No.-78 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Kajal Devi @ Laxmi @ Durga Wife Of Deepak Kumar Resident Of Village - Ramgarh, P.S.- Pannuganj, Dist.- Sonbhadra (UP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Vishoka Nand For the Opposite Party/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376, 114, 366, 366(A), 34 of the Indian Penal Code, Section 6 of the POCSO Act, Sections 3(1)(r)(s) (w)(i), 3/2(V-a) of the SC & ST(Prevention of Atrocities) Act and Sections 3, 4, 5, 6, 7 of the Immoral Traffic Act. It is alleged against the petitioner that she forcefully engaged the informant in flesh trade and when

Patna High Court CR. MISC. No.67307 of 2022(7) dt.20-06-2023 2/3 she denied, the petitioner and other accused persons assaulted the informant and locked her in a room. However, she somehow managed to flee away from the captivity and filed the present F.I.R against the petitioner and others.

It is submitted by learned counsel for the petitioner that petitioner is innocent and she has falsely been implicated in this case. The petitioner is a lady having four years old daughter. She has no concern with the informant or other accused persons. There is no specific allegation against the petitioner. The medical report of the victim suggests that victim is major. The petitioner is languishing in custody since 19.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.67307 of 2022(7) dt.20-06-2023 3/3 each to the satisfaction of learned Special Judge, POCSO Court-cum-Sessions Judge-VI, Gaya in connection with Mahila P.S. Case No. 78 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T