Suminta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74465 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== Suminta Devi Wife Of Dilip Manjhi Resident Of Takiya Mobarakpur, PsBelaganj, District -GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Mohan Das, Advocate For the Opposite Party/s :

Mr.Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Gaya Mahila P.S. Case No. 75/2022 dated 30.08.2022 registered for the offences punishable u/ss 376, 376(AB) and 313of the Indian Penal Code, Section 4 and 6 of the POCSO Act and Section 3(i)(r)(s)(w)(i),3(2)(v-a) of the SC/ST Act.

3. As per the prosecution case, the co-accused person is alleged to have established physical relationship with the informant's minor daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.74465 of 2023(4) dt.04-04-2024 2/2 this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is a lady. Learned counsel has submitted that the incident took place on 20.01.2022 but the victim never complained about the occurrence. The specific allegation is against the co-accused, Bhola Yadav.

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

6. Considering the aforesaid facts and circumstances of the case as well as the petitioner is a lady, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Gaya Mahila P.S. Case No. 75/2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T