Patna High CourtCR. MISC./71930/2024bail granted

Rinku Devi v. The State Of Bihar

2025-01-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71930 of 2024 Arising Out of PS. Case No.-351 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Rinku Devi W/o Late Sikander Bind @ Sikandar Bind R/o VillageMustafapur, P.s- Gaurichak, District- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Malti Devi W/o Virendra Kumar R/o Village- Beldarichak, P.S- Gaurichak, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mrs. Suman Kumari Singh, APP For the Informant :

Mr. Kaushal Kishor, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with POCSO Case No. 197 of 2024, arising out of Gaurichak P.S. Case No. 351 of 2024, instituted for the offences punishable under Sections 376, 506, 34 of the Indian Penal Code and Sections 4, 6 and 8 of POCSO Act.

3. The prosecution case, in short, is that, when the victim went to the house of the petitioner at that time coaccused namely, Laxman Prasad who is husband of the petitioner, caught hold of her and forcibly made physical

Patna High Court CR. MISC. No.71930 of 2024(4) dt.22-01-2025 2/3 relationship with her. It is further alleged that the petitioner made video of the same and made it viral on WhatsApp.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there is inordinate delay of 1 year and 10 months in lodging the FIR. The petitioner is a lady. No specific allegation has been attributed against the petitioner. Specific allegation of making physical relation with the victim is against co-accused Laxman Prasad. The petitioner is in custody since 21.07.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.71930 of 2024(4) dt.22-01-2025 3/3 below/concerned Court in connection with POCSO Case No. 197 of 2024, arising out of Gaurichak P.S. Case No. 351 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T