High Court granted bail to an accused who was not in the FIR, noting lack of kidnapping/sexual assault allegations against her in victim's statement, clean antecedents, and submission of charge-sheet.
Released on bail bond of Rs.10,000 with two sureties of Rs.10,000 each to the satisfaction of the Additional District and Sessions Judge / Special Judge POCSO.
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.9939 of 2022
Arising Out of PS. Case No.-13 Year-2021 Thana- THAKRAHA District- West Champaran
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INDU DEVI W/o Sahi Mallah @ Sahi Chaudhari R/o Village - Rupa Tola, P.S. - Thakraha, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 20-10-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Thakraha P.S. Case No. 13 of 2021 registered for the offence under Sections 363, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act.
The accused/petitioner is not named in the F.I.R. and is in custody since 27.08.2021.
The allegation against the petitioner is to kidnap the minor daughter of informant, along with other co-accused persons for the purpose of illicit intercourse.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.9939 of 2022(3) dt.20-10-2022 2/3
submitted that petitioner is neighbour of informant and due to neighbourhood disputes and differences, the name of the petitioner has been falsely implicated in the present case. It is further pointed out that petitioner was not initially named in the FIR, subsequently, while recording statement of victim under Section 164 of the Cr.P.C., name of the petitioner surfaced first time, where, the allegation is limited only to call the victim from her home in late evening to attend the call of nature. It is further submitted that there is no allegation of kidnapping and sexual assault available against this petitioner, who is a lady of clean antecedent, as per statement of victim. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail, fairly conceded the fact that petitioner is not named in the FIR.
Considering the facts and circumstances as mentioned above, as allegation of kidnapping and sexual assault is not available against this petitioner through statement of victim as recorded under Section 164 of the Cr.P.C., where, petitioner is a lady of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is
Patna High Court CR. MISC. No.9939 of 2022(3) dt.20-10-2022 3/3
directed to be released on bail in connection with Thakraha P.S. Case No. 13 of 2021 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 7th – cum – Special Judge, POCSO, Bettiah, West Champaran/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
S.Katyayan/-
U T
1 issue framed by the court
Whether the petitioner, who was not named in the FIR despite clean antecedents and limited allegations against her in the victim's statement, is entitled to bail after the charge-sheet was submitted.
6 provisions across 3 enactments
Indu Devi W/o Sahi Mallah @ Sahi Chaudhari
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Chandra Shekhar Jha
Parties & counsel
