Ravita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79879 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Ravita Kumari, D/o Late Raghuveer Yadav @ Late Raghuveer Rai, Resident of Village- Pachtaki Yadu, Police Station- Bairgania, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending her arrest in a case under sections 363, 366A, 372 and 34 of the Indian Penal Code and section 8 of the POCSO Act.

As per the allegation in the F.I.R., the daughter of the informant is said to have been taken away by the petitioner and one Sripati Devi for having food. When she did not return, then the informant went out in search of her on which she was informed by daughter-in-law of Sripati Devi that her daughter had returned home. It is stated that on further inquiry it

Patna High Court CR. MISC. No.79879 of 2019(2) dt.20-02-2020 2/3 transpired that the accused persons including petitioner herein as also Sripati Devi had taken her in a Bolero vehicle. It is submitted by learned counsel for the petitioner that the daughter of the informant has returned home. Her age has been assessed to be 18-19 years. So far as the present petitioner is concerned, she happens to be an unmarried 18 years old girl having no criminal antecedent. It is further submitted that Sripati Devi and Suresh Rai have been granted bail by order dated 18.12.2019 passed in Criminal Misc. no. 79203 of 2019. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact that the daughter of the informant has returned, Sripati Devi and Suresh Rai have been enlarged on bail and petitioner is an 18 years old unmarried girl, this Court is inclined to enlarge the petitioner on bail. The petitioner above named, in the event of her arrest or surrender in the Court below within a period of six weeks from today in connection with Bairgania P.S. Case no. 152 of 2019 is directed to 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

Patna High Court CR. MISC. No.79879 of 2019(2) dt.20-02-2020 3/3 satisfaction of the learned 1st Additional Sessions Judge-cumSpecial Judge, POCSO Act, Sitamarhi, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code. Ankit/- (Partha Sarthy, J) U T