Runam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81295 of 2023 Arising Out of PS. Case No.-318 Year-2021 Thana- RIGA District- Sitamarhi ====================================================== Runam Devi W/O Raushan Kumar @ Raushan Kumar Raut R/O VillageBhagwanpur, P.S- Bathana, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 346, 366A, 376, 506 and 34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. Allegation against co-accused person, namely, Gautam Kumar Raut is that he committed rape with the informant/victim on the pretext of solemnization of marriage in connivance with this petitioner along with others. It is further alleged that they demanded Rs. 2 lacs along with one motorcycle and gold chain for marriage.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.81295 of 2023(2) dt.18-12-2023 2/3 the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. There is delay of 41 days in lodging the FIR without explaining the same. There is no specific overt act of commission of rape against the petitioner with the victim rather the allegation of rape is against co-accused, namely, Gautam Kumar Raut who committed rape with the victim on the pretext of marriage. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been grante bail by another co-ordinate Bench of this Court vide order dated 23.12.2022 in Cr. Misc. No. 44512 of 2022. Moreover, she is languishing in judicial custody since 16.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts that petitioner being a lady and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Riga P.S. Case No. 318 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.81295 of 2023(2) dt.18-12-2023 3/3 of learned A.D.J. VI, Sitamarhi.

(Sunil Kumar Panwar, J) Shubham/- U T