Patna High CourtCR. MISC./80728/2019bail granted

Radhika Devi v. The State Of Bihar

2020-01-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80728 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== RADHIKA DEVI W/o Yogendra Prasad Resident of Village - Karamwa, Ward No.08. Kushwaha Tola, P.S.- Majhaulia, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 376 and 511/34 of the Indian Penal Code and Sections 7, 8 and 18 of the POCSO Act.

Allegation is against the co-accused Sunil Kumar, son of the petitioner, to have attempted to sexually assault the minor daughter of the informant.

Considering the fact that there is no allegation of involvement of the petitioner in the occurrence alleged, let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on

Patna High Court CR. MISC. No.80728 of 2019(2) dt.23-01-2020 2/2 furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Majhaulia P.S. Case No. 135 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T