Anita Devi v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 120B, 313, 315, 376, 420
- Protection of Children from Sexual Offences Act, 2012 ss. 4, 6
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 15-05-2023 Heard Mr. Ashok Kumar, learned counsel appearing on behalf of the petitioner and Mr. Pranav Kumar, learned APP appearing on behalf of the State.
The petitioner apprehends her arrest in connection with Jhanjharpur P.S. Case No. 125 of 2022 registered under Sections 376, 313, 315, 420, 120B and 34 of the Indian Penal Code and Section 4 & 6 of the POCSO Act.
The prosecution story, in brief, is that the accused persons named in the F.I.R. after committing wrong with the informant had forced her to abort fetus.
Learned counsel appearing on behalf of the Patna High Court CR. MISC. No.62381 of 2022(2) dt.15-05-2023 petitioner submits that petitioner has no connection with the informant and co-accused Kamlesh Mukhiya who were in relationship and the Medical Board has ascertained the age of the informant to be 19 years. Learned counsel further submits that petitioner is a lady and sister-in-law of the co-accused and for the same reason she has been made accused to harass her.
Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that petitioner has been made accused in serious crime and as such she don’t deserve to be released on anticipatory bail.
Having considered the rival submissions of the parties as well as determination of the age of the informant by the Medical Board to be 19 years and the fact that the petitioner has denied with respect to any role played by her in between informant and co-accused Kamlesh Mukhiya, the petitioner, above named, is directed to be released on anticipatory bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-VII-cum-Special Judge (POCSO Court), Patna High Court CR. MISC. No.62381 of 2022(2) dt.15-05-2023 Madhubani in connection with Jhanjharpur P.S. Case No. 125 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Mantreshwar minu/- (Purnendu Singh, J)