The Patna High Court allowed a bail petition filed by a 55-year-old woman charged with abduction, SC/ST atrocities, and POCSO offences. The court considered her age, lack of criminal record, and the nature of allegations.
Release on bail by furnishing bonds of Rs.10,000 with two sureties, subject to standard conditions.
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.38134 of 2020
Arising Out of PS. Case No.-30 Year-2020 Thana- MAJHAULIA District- West Champaran
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CHANDRAWATI DEVI wife of Bharat Ram Resident of Village- Parasa Manje, P.S.- Majhaulia, District- West Champaran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Shiv Sager Sharma For the Opposite Party/s : Mr.APP
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 08-03-2021
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 10.06.2020 in connection with Majhaulia P.S. Case No. 30/20 registered for the offences punishable under Sections 366/504(34) of the Indian Penal Code and Section 11 of POCSO Act and 3(1)(r) of the SC/ST Act.
As per the prosecution case, on 12.012.2019, in the afternoon, when the daughter of the informant went to attend call of nature, in the meantime, all the accused persons including this petitioner were present there and abudcted the daughter of the informant for the purpose of marriage. It is further alleged that when the informant went to the house of the accused persons to make enquiry about the whereabouts of his daughter, they abused the informant by caste name threatened him. It is also alleged in the FIR that his daughter is still taking
Patna High Court CR. MISC. No.38134 of 2020(3) dt.08-03-2021 2/3
to him through mobile No. 9117228524 and 8651839418.
It is submitted on behalf of the petitioner that petitioner is 55 years old lady and has been falsely implicated in this case simply because she also belongs to scheduled caste. There is general and omnibus allegation and no specific allegation of abduction has been levelled against this petitioner. It is further submitted that FIR has been lodged after a delay of one month for which no plausible explanation has been given. It is further submitted that after perusal of the FIR, it is apparent that victim is still in contact with the informant through mobile phone. Chargesheet has already been submitted in this case. Petitioner is in custody since 10.06.2020 and has got no criminal antecedent.
Considering the nature of allegation and that the petitioner is a lady having no criminal criminal antecedent, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Sessions Judge VI cum Special Judge POCSO, West Champaran, Bettiah, in connection with Majhaulia P.S. Case No. 30/20, subject to following conditions:-
Patna High Court CR. MISC. No.38134 of 2020(3) dt.08-03-2021 3/3
(Prabhat Kumar Singh, J)
Saif/-
U T
2 issues framed by the court
Whether a bail petition admitted by a 55-year-old female with no criminal antecedents charged with abduction and SC/ST offnces should be allowed.
Whether the delay in lodging the FIR and general allegations justify condonation and grant of bail.
Chandrawati Devi
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
