BASANTI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIONER Basanti Bai was arrested by Police Indwar on 5.4.95 for her involvement in the above crime registered u/s 302 and 318 IPC.

(2.) THE prosecution case, as contained in the police case diary, is that on 30.3.95, a dead body of a newly born child was found in the well of one Vijaynath Pandey, near Bus Stand Indwar, Tehsil Umaria, District Shahdol. The matter was reported to Police. During the course of investigation, it transpired that petitioner Basanti Bai, a widow aged about 24 years, had become pregnant as she was subjected to forcible sexual intercourse by some unknown persons. It was also found that petitioner Basanti Bai gave birth to a child. Shri Kochar, the learned counsel for the petitioner, contended that the petitioner being a woman is entitled to bail u/s 437 (1) Cr.P.C. Shri Kochar further pointed out that the petitioner is in custody since 5.4.95 and there is no likelihood of her trial taking place in the near future.