Indira Devi v. The State of Bihar
Case brief
What is this about?
A 54-year-old woman petitioner applied for regular bail in rape and trafficking cases alleging false implication. The Court, relying on the victim's statement under Section 164 Cr.P.C and prior criminal history, rejected the bail application but allowed renewal of prayer after six months if no progress is made.
What did the court decide?
Application for bail rejected; liberty granted to renew prayer for bail after six months if no progress in case below.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15811 of 2021
Arising Out of PS. Case No.-09 Year-2020 Thana- KODHOBARI District- Kishanganj
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INDIRA DEVI W/o Rit Lal Harijan Resident of Village - Dhangara, Ward no.2, P.S.- Kodhobari, Dist.- Distt.- Kishanganj.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 13-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 370, 372, 120B and 34 of the Indian Penal Code, sections 4 and 6 of the POCSO Act and sections 3, 4 and 5 of the Immoral Trafficking Act.
As per allegations in the FIR, the accused persons including the petitioner herein took away the minor daughter of the informant and assaulted her.
Issues for consideration
3 issues framed by the court
Whether the petitioner be enlarged on bail in a case involving child rape and trafficking allegations where she was shown a first information report.
Whether the statement made by the minor victim under section 164 Cr.P.C precludes the grant of bail to the petitioner.
Whether the petitioner can renew her prayer for bail if there is no progress in the case below within six months.
Parties & counsel
- petitioner
Indira Devi
- respondent
The State of Bihar
Coram
Partha Sarthy
Case details
As recorded by the court registry
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