Punkali Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76684 of 2018 Arising Out of PS. Case No.-25 Year-2018 Thana- SUGAULI District- East Champaran ======================================================

1. Punkali Devi, Wife of Nagina Sahani,

2. Nagina Sahani, Son of Late Mukha Sahani,

3. Anand Kumar, Son of Manager Sahani, All residents of Village- Shitalpur, P.S.- Sugali, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Sugauli P.S. Case No. 25 of 2018, disclosing offences under Sections 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The petitioner no. 1 is the mother, petitioner no.2 is father and petitioner no. 3 is relative of the main accused Bechu Kumar. Considering the statement of the victim, recorded under Section 164 of the Cr.P.C., which has been brought on record by way of an affidavit, wherein she has stated that she had gone with Bechu Kumar out of her own volition, a case for

Patna High Court Cr.Misc. No.76684 of 2018(2) dt.09-01-2019 2/2 anticipatory bail is made out.

Considering the submission, as above, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge cum Special Judge, POCSO Act, East Champaran, Motihari, in connection with Sugauli P.S. Case No. 25 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Ashish/- U T