Sudama Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79213 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.
Sudama Devi W/o Bhagynarayan Ray R/o Vill- Mohtahan Fakirana, PSMinapur, District- Muzaffarpur 2.
Dhiraj Ray @ Dhiraj Kumar S/o Chandeshwar Ray R/o Vill- Mohtahan Fakirana, PS- Minapur, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bipin Chandra, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in connection with Minapur P.S. Case No. 229 of 2023 dated 09.06.2023, instituted for the offence punishable under Sections 376, 120(B), 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 07.06.2023 at 06:00 pm, Sudama Devi (petitioner no. 1) took the informant to her house and gave her tea mixed with some intoxicated substances. After taking tea, the informant became unconscious. When she got consciousness, she found herself disrobed and blood was oozing from her private part, and also
Patna High Court CR. MISC. No.79213 of 2024(2) dt.29-11-2024 2/3 her clothes were smeared with blood. It is alleged that petitioners along with other accused persons has committed sexual assault with the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the date of occurrence is 07.06.2023, but the F.I.R. has been lodged on 09.06.2023 with two days delay without any plausible explanation. Learned counsel for the petitioner submits that the allegation levelled against the petitioner is false and concocted. True fact is that the informant lodged the present case on the instigation of her sister and brother-in-law, as there was enmity between the co-accused Sujit Kumar and informant's sister and her brother-in-law. Learned counsel for the petitioners submits that the marriage of the informant was earlier performed with someone else, but subsequently, the said marriage was terminated.
Thereafter, the informant side wanted to get marry the informant with coaccused namely, Sudhir Rai, but the same was denied by the parents of Sudhir Rai, as a result, this case has been lodged against the petitioners, who supported the said Sudhir Rai.
Patna High Court CR. MISC. No.79213 of 2024(2) dt.29-11-2024 3/3 20.09.2024 and 27.09.2024 passed by this Court in Criminal Miscellaneous No. 63232 of 2024 and Criminal Miscellaneous No. 70083 of 2024 respectively. It is also submitted that the informant and the accused persons filed a joint compromise petition before the Judicial Magistrate, Ist Class stating that the parties do not want to proceed with this case any further. Lastly, it has been submitted that the petitioners are in custody since 06.05.2024 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.- 1st, Muzaffarpur in Minapur P.S. Case No. 229 of 2023.
(Khatim Reza, J) Sankalp/- U T