Allowed

Sunila Devi v. the State of Bihar

Patna HC15 Mar 2021CR. MISC./2970/2021

Case brief

AI extract

What is this about?

This single-judge oral order grants bail to the petitioner, Sunila Devi, who is accused of assisting in various sexual offences including those under the IPC and POCSO Act. The court fixed bail conditions requiring cooperation with the trial and prevented tampering with evidence.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 10,000/- with two sureties of the like amount to the Special Judge (POCSO Act), Sitamarhi.

Sunila Devi Vs the State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2970 of 2021

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Arising Out of PS. Case No.-683 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi

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

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Sunila Devi, Wife Of Nard Paswan Resident Of Mahalla - Basatpur, P.S. - Runni Saidpur, District - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Mishra- Advocate For the Opposite Party/s : Mr. A.G. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 15-03-2021

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Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

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The petitioner seeks regular bail in connection with Runnisaidpur P. S. Case No.683 of 2018 registered for the offences punishable under Sections 312, 366-A, 370, 372, 373, 376, 120(B), 317, 350, 503 of the I.P.C. and Section 75, 81, 87 of the J.J. Act, Section 6 of POCSO Act, Section 5 of Immoral Traffic Act, Section 9, 11 of the P.C.M. Act and Section 6 of the Pre conception and Pre-Natal Diagnostic Techniques Act.

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As per the prosecution case, the victim girl Kanchan Devi was residing with her neighbour, namely, Milia Devi, who called her as Mausi. It is alleged that Milia Devi got her married with the petitioner and thereafter, she started living with him. It is further alleged that thereafter, she became pregnant from the

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Patna High Court CR. MISC. No.2970 of 2021(2) dt.15-03-2021 2/3

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said wedlock, but she was aborted by her in-laws. Lastly, second time, she also became pregnant, but during last stage of her pregnancy she was ousted from her sasural.

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Allegation against this petitioner is that she assisted in the alleged offence. It is submitted on behalf of the petitioner that the thrust of accusation is against co-accused, Subodh Paswan @ Subodh, who is husband of the victim and has already been granted bail by a Bench of this Court vide order dated 25.02.2021 passed in Cr. Misc. No.595 of 2021. Petitioner is sister-in-law (Gotini) of victim and she is in custody since 14.03.2019. Charge-sheet has already been submitted against her.

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Considering the nature of allegation and period custody, prayer for bail of the petitioner is allowed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6th-cum-Special Judge (POCSO Act), Sitamarhi in connection with Runnisaidpur P. S. Case No.683 of 2018.

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(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient

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Patna High Court CR. MISC. No.2970 of 2021(2) dt.15-03-2021 3/3

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reason, his/ her bail bond shall be cancelled by the Court below.

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(2) If the petitioner tampers with the evidence or the

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witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Prabhat Kumar Singh, J)

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vikash/-

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U T

Sunila Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Sunila Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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