Allowed

Vibha Kumari @ Bibha Devi v. The State of Bihar

Patna HC27 Feb 2019CR. MISC./12207/2019

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner, who faced arrest only as the spouse of a co-accused, in a case involving rape and POCSO offences. The petitioner must surrender within 30 days and cooperate with the investigation.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.20,000 with two similar sureties within 30 days of receipt, subject to cooperation conditions.

Vibha Kumari @ Bibha Devi Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12207 of 2019

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Arising Out of PS. Case No.-176 Year-2018 Thana- MATIHANI District- Begusarai

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======================================================

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Vibha Kumari @ Bibha Devi, aged about 30 years, Female, Wife of Avdhesh Kumar Ray, resident of ward no.9, Rachiyahi, Purana Tola, P.S. Matihani, District-Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ram Sumiran Rai, Adv For the Opposite Party/s : Mr.Sunil Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 27-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 376(g)/34,120(B),366(A)of the Indian Penal Code and 4/8 of POCSO Act.

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The allegation of commission of rape is against the named accused person. The allegation is based on disclosure of the victim. Petitioner is a female, an accused only for the reason that she is wife of co-accused-Awadhesh Rai.

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Considering the aforesaid fact, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of

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Patna High Court CR. MISC. No.12207 of 2019(2) dt.27-02-2019 2/2

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receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Matihani P.S.Case No.176/2018(POCSO) Case No.96 of 2018, G.R.No.116 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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(Birendra Kumar, J)

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Nitesh/-

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Vibha Kumari @ Bibha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vibha Kumari @ Bibha Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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