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Judgments of Supreme Court of India and High Courts

Indu Devi vs The State Of Bihar on 17 December, 2018

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
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


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
Patna High Court Cr.Misc. No.70782 of 2018(2) dt.17-12-2018

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
Patna High Court Cr.Misc. No.70782 of 2018(2) dt.17-12-2018

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)


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