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Sushma Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2020)

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Patna HC
2020
Sushma Devi Vs the State of BiharSushma Devi v. the State of Bihar

Allowed

Sushma Devi v. the State of Bihar

Patna HC1 Dec 2020CR. APP (SJ)/318/2020

Case brief

AI extract

What is this about?

Appeal against confirmation of provisional anticipatory bail granted to appellant in POCSO-related Bath P.S. Case No. 07/2019.

What did the court decide?

Confirmation of provisional anticipatory bail granted to appellant no. 1.

What the court decided

AI extract

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.318 of 2020

Arising Out of PS. Case No.-7 Year-2019 Thana- BATH District- Bhagalpur

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

SUSHMA DEVI, Wife of Dilip Mandal @ Dilip Kumar Singh, Resident of Village- Karhariya, P.S.- Bath, District- Bhagalpur.

Punam Devi Wife of Akhilesh Mandal @ Akhilesh Kumar Singh Resident of Village- Karhariya, P.S.- Bath, District- Bhagalpur

Sulekha Kumari Daughter of Akhilesh Mandal Resident of VillageKarhariya, P.S.-Bath, District- Bhagalpur

Sonu Kumar Son of Late Binod Prasad Singh Resident of VillageKarhariya,P.S- Bath, District-Bhagalpur

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

Parties & counsel

AI extract

appellant
SUSHMA DEVI
appellant
Punam Devi
appellant
Sulekha Kumari
appellant
Sonu Kumar
respondent
The State of Bihar

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 1 Dec 2020 · December
Registered: 23 Jan 2020
Case no.: CR. APP (SJ)/318/2020

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Cite this judgement

Sushma Devi v. the State of Bihar, CR. APP (SJ)/318/2020 (PAT), decided on 1 December 2020.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

ANJANI KUMAR SHARAN

Parties & counsel

Outcome

Confirmation of provisional anticipatory bail granted to appellant no. 1.

Detailed headnote1 paragraphs

Confirmation of provisional anticipatory bail granted to appellant in connection with Bath P.S. Case No. 07/2019 under POCSO Act.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

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

Appearance :

For the Appellant/s : Mr.Ranjan Kumar Jha For the Respondent/s : Mr.Usha Kumari 1

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

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

5 01-12-2020

Heard learned counsel for the appellants and learned SPP for the State through virtual court proceedings.

Vide order dated 28.09.2020, a direction was given to appellant no. 1 to file a supplementary affidavit and through supplementary affidavit it is stated that he alongwith her family members with the help of local Mukhiya, Ward Commissioner and Sarpanch had gone to the house of the informant in order to bring the alleged victim girl namely Sushma Devi at her residence but when they reached at her house she came to know that six months ago said victim girl has already been escaped

Patna High Court CR. APP (SJ) No.318 of 2020(5) dt.01-12-2020 2/2

from her house alongwith one another boy even without taking permission of her guardian or without giving any knowledge to them and on being asked by her parents they disclosed that they are not in position to say anything with regard to victim Sushma Devi.

He further stated that in this regard local Mukhiya, Ward Member and Sarpanch have jointly issued a certificate as contained in Annexure-A to the supplementary affidavit filed by appellant no. 1

In the aforesaid facts and circumstances of the case, the provisional bail granted to the appellant no. 1 namely Sushma Devi in connection with Anticipatory Bail Application No. 774/2019 arising out of Bath P.S. Case No. 07/2019 to the satisfaction of the learned Additional Sessions Judge-1 cum Special Judge, POCSO Act, Bhagalpur vide order dated 28.09.2020 is hereby confirmed.

(Anjani Kumar Sharan, J)

amitkumar/-

U T

Coram

AI extract

ANJANI KUMAR SHARAN

CNR

BRHC010072612020

Topic

Anticipatory Bail

Bench

Anjani Kumar Sharan

Disposal

ALLOWED

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1 Dec 2020

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1 Dec 2020