Tetar Kumari @ Tetari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85308 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Tetar Kumari @ Tetari W/O Sohan Chaudhary R/O Village- Chakand Bazar, P.S- Chakand, District -Gaya ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
Kajal Bano D/O Mo. Imtiaz @ Golden R/O Village- Prabal Bigha, P.SBelaganj, Distt.- Gaya. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad , Advocate Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and the State .
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 307, 376, 313 , 504, 506 and 34 of the Indian Penal Code section 3 / 4 of POCSO Act. 3 . As per the prosecution case , informant who was working as a cleaner in the house of co-accused Md. Sahazad
Patna High Court CR. MISC. No.85308 of 2024(4) dt.15-04-2025 2/3 alleged that on the false promise of marriage , co-accused Md. Sahazad made physical relation with her and when she objected, then she was threatened by accused persons and asked not to disclose this fact to her parents. In the meantime , she became pregnant and after knowing this fact co-accused Sahazad forcibly got her aborted in Chandani hospital Chakand.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., and her name transpired during course of investigation in the confessional statement of other co-accused persons who took victim to Doctor Tetri by bike where victim got aborted. Petitioner is neither a doctor nor she has any hospital in the name of Chandani or others rather she is a GNM Teerari Devi. The victim in her statement recorded under section 164 Cr PC has not named this petitioner. Chargesheet has already been submitted. Petitioner claims clean antecedent.
5 . Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten
Patna High Court CR. MISC. No.85308 of 2024(4) dt.15-04-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned special Judge POCSO - cum- ADJ VI Gaya in connection with Belaganj P.S. case No. 173 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T