Nutan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79892 of 2019 Arising Out of PS. Case No.-364 Year-2019 Thana- BUDDHACOLONY District- Patna ====================================================== NUTAN KUMARI Wife of Shivendra Shankar Resident of New Bigrahpur, Near Bus Stand, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending her arrest in a case registered under Section 323, 506 of the Indian Penal Code and Sections 8, 12 of the Prevention of Children from Sexual Offenes Act, 2012.

Prosecution case, in short, is that the petitioner took the informant's son in her chamber and molested his chick and chest, unclothed him and also caught his private part and she was committing such sexual harassment with her son for last two months.

Patna High Court CR. MISC. No.79892 of 2019(4) dt.08-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. After investigation the police has submitted final form and the same is pending in the court below. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the fact that the police has found the case to be false, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Patna in connection with Budha Colony P.S. case No.364 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T