Kavita Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71161 of 2019 Arising Out of PS. Case No.-377 Year-2019 Thana- GAYA MUFASIL District- Gaya ====================================================== KAVITA SINGH Wife of Amlesh Kumar Singh Resident of - Rampurgosh, P.S.- Sikandara, District- Jamui, At present Residing at Village- Sikhar, Gaya, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.P.K.Shahi, Sr. Adv.

Mr.Rabindra Kumar Priyadarshi, Adv.

For the Opposite Party/s :

Mr.Satyavrat Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned Senior counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 26.09.2019 has filed the instant application for grant of bail in connection with Muffasil P.S. Case No. 377 of 2019 (District Gaya) registered for the offence punishable under section 376(D) of the Indian Penal Code and section 4/6 of the POCSO Act, 2012. As per the allegation in the FIR, it is stated by the informant that as a result of some minor altercation with her mother, she went away with the accused Rahul to Vijay Utsav Marriage Hall. The owner of the Vijay Utsav Marriage Hall scolded her for having come there again. It is further stated that Bablu and his friend Sonu committed rape on her in the house of Bablu.

It was submitted by learned Senior counsel appearing

Patna High Court CR. MISC. No.71161 of 2019(2) dt.20-11-2019 2/2 for the petitioner that so far as this petitioner is concerned, she happens to be the wife of Amlesh Singh, the owner of the Vijay Utsav Marriage Hall. She is not named in the F.I.R. Her name has transpired in course of the statement of the informant made under section 164 Cr.P.C. It is further submitted that besides this mention of the petitioner, there is no allegation against this petitioner. The allegations of having committed rape on the informant is on Rahul, Sonu and Bablu. The petitioner has no criminal antecedent and is in custody since 26.09.2019. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner being a lady and her being in custody since 26.09.2019, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, POCSO, Gaya in connection with Mufassil P.S. Case No. 377 of 2019 (District Gaya).

(Partha Sarthy, J) Bibhash/- U T