Patna High Court
Komal Arya @ Kamal Kishori vs The State Of Bihar on 27 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 2176 of 2021
Arising Out of PS. Case No.-219 Year-2019 Thana- BALIA District- Begusarai
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1. Komal Arya @ Kamal Kishori, aged about 20 years, Gender-Female,
2. Rakhi Arya @ Rakhi Kumari, aged about 19 years, Gender-Female
Both are daughter of Raj Kumar Malakar, Both are resident of village-
Chhoti Balia, P.S.-Balia, Distirct-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Udbhav, Advocate
For the State : Mr. Kumar Ranjit Ranjan, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 27-05-2021
The matter has been heard via video conferencing.
2. The matter has been heard out of turn on the basis
of motion slip being filed by learned counsel for the petitioners
yesterday, which was allowed.
3. Heard Mr. Udbhav, learned counsel for the
petitioners and Mr. Kumar Ranjit Ranjan, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
4. Learned counsel for the petitioners submitted that
he would be complying with all stamp report defects as soon as
Patna High Court CR. MISC. No. 2176 of 2021 dt.27-05-2021
the same is permitted to be done once the normal functioning of
the Court resumes.
5. The petitioners apprehend arrest in connection with
Balia PS Case No. 219 of 2019 dated 15.06.2019, instituted
under Sections 376/328/363/34 of the Indian Penal Code and 4
of the Protection of Children from Sexual Offences Act, 2012.
6. The allegation against the petitioners is that their
father had raped the informant in their house and when she
raised cry they had come along with their mother and another
person and had threatened the informant and after a few days
they had again called the informant to the house where she was
raped and even video was shown to her and she was assaulted
and threatened. Thereafter it is alleged that 0n 06.06.2019 she
was forcibly put on a Scorpio and was made to inhale some
chemical due to which she became unconscious and she was left
on the platform at Begusarai Railway Station and some persons
had taken her to the GRP which sent her to Town Thana from
where she was sent to Alpawas Grih and from there she was
taken home by her relatives on 07.06.2019.
7. Learned counsel for the petitioners submitted that
the allegation is absolutely false and fabricated. It was submitted
that first of all the age of the informant has been assessed by the
Patna High Court CR. MISC. No. 2176 of 2021 dt.27-05-2021
Medical Board to be between 17-19 years, which clearly
indicates that she was a major. Further, it was submitted that the
very plain reading of the FIR would indicate that such incident
is absolutely impractical and improbable and cannot be believed
to have occurred. It was submitted that the petitioners who are
daughters of the person who is said to have committed rape
would come and support the culprit and call the victim again
and she would come without any demur to be subjected once
again to rape and then there would be videography done and
there would be blackmailing to make it viral, is totally a figment
of imagination and is absolutely improbable. Learned counsel
submitted that the allegation that the informant became familiar
with the family as she was student of matriculation with the
petitioner no. 2 in the year 2016, is also falsified as the
petitioner no. 2 was a student of Central Board of Secondary
Education, Delhi (CBSE) in the year 2019 and further, since
CBSE is not the curriculum in Government School, it is clear
that they never studied in any school together. Learned counsel
submitted that even the allegation that she was found on the
platform by the GRP who had handed her over to the Town
Thana and was sent to Alpawas Grih is also falsified as there are
no records with regard to the same and further that no statement
Patna High Court CR. MISC. No. 2176 of 2021 dt.27-05-2021
is available either on 06.06.2019 or 07.06.2019 with the GRP or
the Town Thana and only on 15.06.2019, the present case has
been lodged. Learned counsel submitted that the real reason for
this false case is that the father of the informant runs a mobile
recharge shop in the vicinity of the sweetmeat shop of the father
of the petitioners and he had been taking various amounts as
loan from the father of the petitioners and when he was asked to
return, this fabricated case has been cooked up. Learned counsel
submitted that the petitioners are young girls aged 20 and 19
years and have no criminal antecedent and their innocence
would also be established from the fact that after thorough
investigation, the police had not sent them up for trial and had
found the case to be false against them, but the Court differing
the same has taken cognizance against the same. It was
submitted that Raj Kumar Malakar, the main accused and father
of the petitioners has been granted bail by a co-ordinate Bench
by order dated 13.02.2020 in Cr. Misc. No. 5310 of 2020
whereas other three similarly situated co-accused, namely,
Anjani Devin @ Anjani Kumari, Varsha Arya @ Varsha
Kumari and Sunil Malakar @ Sunil Kumar Malakar have been
granted anticipatory bail by a co-ordinate Bench by order dated
26.11.2019 in Cr. Misc. No. 75631 of 2019.
Patna High Court CR. MISC. No. 2176 of 2021 dt.27-05-2021
8. Learned APP submitted that the allegation is that
they were party to the crime committed by the father. However,
he fairly submitted that such type of allegation does not appear
to be believable.
9. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Special Judge (POCSO), Begusarai in Balia PS
Case No. 219 of 2019, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 and
further, (i) that one of the bailors shall be a close relative of the
petitioners and (ii) that the petitioners shall cooperate with the
Court/police/prosecution. Failure to cooperate shall lead to
cancellation of their bail bonds.
10. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioners, to the notice of the Court concerned, which shall
take immediate action on the same after giving opportunity of
hearing to the petitioners.
Patna High Court CR. MISC. No. 2176 of 2021 dt.27-05-2021
11. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
