Allowed

Rekha Devi @ Rekha Kumari v. The State of Bihar

Patna HC7 Jul 2023CR. MISC./26176/2023

Case brief

AI extract

What is this about?

In this anticipatory bail application, the Patna High Court granted relief to a petitioner falsely implicated in a POCSO case involving alleged abduction and marriage solemnization by her brother/suspect, subject to conditions regarding the victim's recovery status.

What did the court decide?

Directs the petitioner to be released on anticipatory bail upon arrest or surrender within six weeks, subject to the conditions laid down under Section 438(2) CrPC and verification of victim recovery.

Rekha Devi @ Rekha Kumari Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26176 of 2023

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Arising Out of PS. Case No.-98 Year-2022 Thana- KAKO District- Jehanabad

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

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REKHA DEVI @ REKHA KUMARI WIFE OF PREMSHANKAR KUMAR RESIDENT OF VILLAGE - DHARHARA, P.S. - PALIGANJ, DISTT. - PATNA

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar No. 1, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 07-07-2023 Heard the learned counsel for the petitioner and the

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learned A.P.P. for the State.

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This is an application for grant of anticipatory bail in connection with Kako PS case no. 98 of 2022, registered for the offences punishable under Section 366(A) of the Indian Penal Code and Section 8 of Prevention of Children from Sexual Offences Act.

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The allegation is regarding one Gautam Kumar having kidnapped the victim girl while she had gone for coaching on the alleged date and time of occurrence. It is also alleged that other accused persons including the petitioner herein, who is the sister of the main accused person namely Gautam Kumar had also helped in kidnapping the said victim

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Patna High Court CR. MISC. No.26176 of 2023(2) dt.07-07-2023 2/3

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girl.

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The learned counsel for the petitioner submits that the petitioner is innocent, she has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the main accused is the said Gautam Kumar, who is stated to have lured and taken away the victim girl along with him, whereafter they have solemnized marriage, however, the petitioner is not having any role to play in the said occurrence and in fact, the victim girl has also been recovered by the police.

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Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

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Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the main accused person is one Gautam Kumar, who is stated to have lured the victim girl and solemnized marriage with her, though I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail, however, subject to verification by the learned trial court as to whether the said victim girl has been recovered or not.

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Patna High Court CR. MISC. No.26176 of 2023(2) dt.07-07-2023 3/3

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Accordingly, the abovenamed petitioner, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI-cum-Special Judge (POCSO) Act, Jehanabad in connection with Kako PS case no. 98 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Rekha Devi @ Rekha Kumari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rekha Devi @ Rekha Kumari v. The State of Bihar

Case brief

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