CR. MISC./46900/2022 of KANTI DEVI Vs The State of Bihar on 24 December 2022

1. KANTI DEVI WIFE OF BHIKHARI KAMTI Resident of village- Gangiya,P.S.- Katra, District- Muzaffarpur.P.S.- Katra, District- Muzaffarpur.

2. SONAHI DEVI WIFE OF LADDU KAMTI R/O VILLAGE-BRAHAMPURA, P.S.- KAMTAUL, DISTRICT- DARBHANGABRAHAMPURA, P.S.- KAMTAUL, DISTRICT- DARBHANGA

... ... Petitioner/s... ... Opposite Party/s

Versus

The State of Bihar

======================================================Appearance :For the Petitioner/s: Mr.Hari Mohan TripathiFor the Opposite Party/s : Mr.Upendra Kumar======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHAORAL ORDERORAL ORDER

24-12-2022

At the outset, learned counsel for the petitionersubmitted that in the cause list of the bail petition, inadvertently,name of petitioner no. 1 has been wrongly typed as ‘Kani Devi’instead of ‘Kanti Devi’.

Accordingly, learned counsel for the petitioner ispermitted to make necessary correction during the course of theday itself.

Heard learned counsel appearing on behalf of thepetitioners and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a periodof four weeks from today.

The petitioners seek bail in connection with Katra P.S.

Case No. 47 of 2022 registered for the offence under Sections376, 120(B) of the IPC and 4 and 6 of POCSO Act.

The accused/petitioners are named in the F.I.R. andare in custody since 06.07.2022.

The allegation against the petitioners, who are motherand sister of main co-accused, namely, Kundan Kumar, whoalleged to commit rape/penetrative sexual assault upon theinformant, who is aged about 17 years.

Learned counsel appearing on behalf of the petitionerssubmitted that the thrust of allegation as regard torape/penetrative sexual assault is upon main co-accused,namely, Kundan Kumar, where implication of petitioners is onlyfor the reason that petitioner no. 1 is the mother of one main co-accused, where petitioner no. 2 is the married sister of main co-accused. While concluding the argument, it has been submittedthat both the petitioners are ladies having clean antecedent andmoreover, investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance oftampering with the evidence.

Learned APP duly assisted by learned counsel for theinformant while, opposing the prayer of bail submitted thatpetitioners actively participated in the occurrence.

Archana/-

UT

Considering the facts and circumstances as mentionedabove, as both above named petitioners are ladies of cleanantecedent and appear to be relatives of main co-accusedcoupled with the fact that charge-sheet has been submitted, letboth the petitioners, above named, are directed to be released onbail in connection with Katra P.S. Case No. 47 of 2022 onfurnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) withtwo sureties of the like amount each to the satisfaction oflearned 6[th] Additional Sessions Judge-cum-Special Judge,POCSO, Act, Muzaffarpur/concerned court, subject to theconditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J)