Patna High Court - Orders
Heera Devi vs The State Of Bihar on 12 June, 2014
Author: Chakradhari Sharan Singh
Bench: Sharan Singh, Chakradhari Sharan Singh
Patna High Court Cr.Misc. No.23677 of 2014 (2) dt.12-06-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23677 of 2014
Arising Out of PS.Case No. -87 Year- 2013 Thana -SAHARSA District- SAHARSA
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Heera Devi, Wife of Bharat Prasad Srivastava @ Domi Srivastava, resident
of Village Milki Tola, P.S. Maranga , District-Purnea
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Sadanand Paswan, APP
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
2 12-06-2014Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.
The petitioner who is a lady and is in custody since 28.4.2013 seeks regular bail in a case registered for the offences punishable under Sections 366A/34, 341,342,323,506,376 of the Indian Penal Code and 3(i) (x) (xi) (xii) of Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act.
Learned counsel for the petitioner submits that the statement of the victim girl has been recorded under Section 164 of the Code of Criminal Procedure. In her statement, though she has made allegation of commission of rape by the son of the petitioner, so far the petitioner is concerned, the allegation is that the petitioner used to threaten her. He submits that the accusation against the petitioner in the First Information Report as well as in Patna High Court Cr.Misc. No.23677 of 2014 (2) dt.12-06-2014 the statement under Section 164 of the Cr.P.C. is highly improbable.
In view of the submission as above, let petitionerHeera Devi be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-Ist, Saharsa in S.C. No. 188 of 2013 arising out of Saharsa P.S. Case No. 87 of 2013.
(Chakradhari Sharan Singh, J) ArunKumar/-
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