Petitioner sought regular bail for offences under IPC Sections 366(A) and 34 alleging she induced a minor. The court found serious complicity in kidnapping, sale, and subsequent rape by co-accused. Bail granted for trivial reasons was denied due to the gravity of allegations.
Prayer for grant of regular bail is dismissed.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.581 of 2020
Arising Out of PS. Case No.-278 Year-2019 Thana- TEGHRHA District- Begusarai
======================================================
RANI DEVI @ RUNA DEVI @ RAJO DEVI W/o Late Akaldeo Paswan @ Late Akalu Paswan Resident of Village- Aalapur, Ward No.11, P.S.- Teghra, Distt- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 16-01-2020
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Teghra PS case no. 278 of 2019 instituted for the offence punishable under Section 366(A)/34 of Indian Penal Code.
The allegation is regarding the daughter of the informant having become traceless in the morning, whereupon search was made and then it transpired that the neighbour of the informant namely Sonu Kumar along with his mother namely Rani Devi had induced the daughter of the informant and had carried her on a Bolero.
The learned counsel for the petitioner has submitted that the petitioner is a lady, is having clean antecedent
Patna High Court CR. MISC. No.581 of 2020(2) dt.16-01-2020 2/4
and is languishing in custody since 26.11.2019. It is further submitted that if at all, anyone has got complicity in the alleged occurrence, it is the son of the petitioner.
Per contra , the learned APP for the State has referred to the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate which is annexed to the supplementary affidavit filed today and has submitted that the victim girl has clearly stated about the involvement of the petitioner herein and it has also been stated therein that the petitioner had allured the victim girl and taken her to a tree where Bolero vehicle was parked and the other accused persons were also present and then her mouth was pressed by a handkerchief resulting in her becoming unconscious subsequently. The victim girl is stated to have been taken to the railway station from where she was taken to Hyderabad and was detained after being closed in a room. The victim girl has further stated in her statement that when she had told the accused persons to take her to her parents’ house, co-accused person namely Santosh had told her that he had paid Rs. 1 lac to the petitioner for her and thereafter, the said co-accused person namely Santosh has also raped the victim girl.
The learned counsel for the petitioner has
Patna High Court CR. MISC. No.581 of 2020(2) dt.16-01-2020 3/4
submitted that the petitioner is a lady, is having a clean antecedent and has been falsely implicated in the present case. It is further submitted that the petitioner is languishing in custody since 26.11.2019.
I have heard the learned counsel for the parties and perused the materials on record as also considered the submissions of the learned counsel for the parties and I find that serious allegation has been levelled against the petitioner of having induced and allured the victim girl who is a minor girl aged about 16 years, whereafter she had facilitated her kidnapping and subsequently, it appears that she had sold the victim girl to the co-accused person namely Santosh who had committed rape with the victim girl, hence the complicity of the petitioner in the alleged crime is writ large from the records, thus I do not find any merit in the prayer of the petitioner for grant of regular bail.
Considering the gravity of allegations and seriousness of accusation against the petitioner herein, the present petition stands dismissed.
(Mohit Kumar Shah, J)
rinkee/-
U T
Patna High Court CR. MISC. No.581 of 2020(2) dt.16-01-2020 4/4
3 issues framed by the court
Whether the petitioner deserves regular bail in a case involving sexual exploitation and trafficking of a minor.
Whether the petitioner is liable for the kidnapping and subsequent sale for sexual exploitation of the victim girl.
Whether the gravity of allegations justifies the dismissal of the bail petition.
RANI DEVI @ RUNA DEVI @ RAJO DEVI W/o Late Akaldeo Paswan
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
