Pinki Devi @ Pinky Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75246 of 2023 Arising Out of PS. Case No.-712 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Pinki Devi @ Pinky Devi W/O Raju Gupta R/O Village- Chanawe, P.SThawe, Distt.- Gopalganj. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 376(DA) of the Indian Penal Code, Sections 4 and 8 of the POCSO Act and Section 3, 7(2)(b)(c) of the PITA Act.
3. As per FIR, petitioner after alluring the victim girl, took away and forcefully pushed her in the business of flesh trade.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. She has committed no offence. Petitioner is a lady and no offence of commission of rape is made out against her. There is no specific
Patna High Court CR. MISC. No.75246 of 2023(3) dt.31-01-2024 2/2 overt act against her. He further submitted that the other coaccused has already been granted bail by this Bench vide order dated 09.01.2024 passed in Cr. Misc. No. 85241 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. She is languishing in judicial custody since 05.09.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, being a lady as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VII-cum-Special Judge, POCSO, Gopalganj in connection with Gopalganj Town P.S. Case No. 712 of 2023. (Sunil Kumar Panwar, J) Arish/- U T