IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70782 of 2018
Arising Out of PS. Case No.-337 Year-2017 Thana- KHIJARSARAI District- Gaya
Indu Devi, Wife of Late Jitendra Yadav, Resident of Village- Balchandbigha,
P.S.- Khijarsarai, District- Gaya.
… … Petitioner/s
Versus
The State of Bihar. null null
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Kunwar Narayan Jamuar
For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 17-12-2018 Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner is apprehending her arrest in a case
registered for the offences punishable under Sections 341, 323,
354/34 of the Indian Penal Code and Sections 4/8 of the
Protection of Children from Sexual Offences Act, 2012.
The prosecution case as per the written report of
Ashok Kumar Singh dated 23.11.2017 submitted to the O.P.
Incharge of Sarbahada O.P., P.S. – Khizersarai is to the effect
that on 18.11.2017 at about 7.00 A.M. the daughter of the
informant, Saloni Kumari, aged 14 years had gone to ease
herself, when co-accused Abhiram Kumar misbehaved with the
daughter of the informant. On hearing the alarm when the wife
of Manoj Kumar went there then co-accused Abhiram Kumar
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escaped from the scene. Thereafter the informant went to
protest at the house of co-accused Abhiram Kumar, then co-
accused Abhiram Kumar, Ramuchit Kumar, this petitioner and
others began to assault the informant.
It is submitted by learned counsel for the petitioner
that the thrust of accusation is against co-accused Abhiram
Kumar and petitioner is the mother of co-accused Abhiram
Kumar. It is further stated that for the occurrence of 18.11.2017,
the FIR has been registered on 23.11.2017 which reached to the
Court of learned Special Judge on 29.11.2017 which suggests
that the FIR is antedated. It is further submitted that even
assuming the accusation to be true, no offence under Section
354 IPC is made out against the petitioner. A statement has been
made in paragraph 3 of the petition that the petitioner is not
having any criminal antecedent.
Learned APP submits that the petitioner is named in
the First Information Report.
Considering the fact that thrust of accusation is
against co-accused Abhiram Kumar, petitioner is a lady, coupled
with the statement made in paragraph 3 of the petition that the
petitioner is not having any criminal antecedent, let the above
named petitioner be released on anticipatory bail in the event of
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arrest or surrender before the learned Court below within a
period of twelve weeks from today, on furnishing bail bonds of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge (POCSO Act),
Gaya in connection with Khizersarai P.S. Case No. 337 of 2017,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T