Vandana Kumari v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5920 of 2019 Arising Out of PS. Case No.-17 Year-2017 Thana- MAHILA P.S. District- Nawada ====================================================== Vandana Kumari, aged about 32 years, D/O Rajendra Prasad, Resident of Village-Rajguru Chowk Rajdevri, Ward No.-9, P.S.- Bettiah, Distt.- West Champaran.

... ... Petitioner

Versus

1. The State of Bihar.

2. Manoj Kumar, S/O Late Bodhi Lal Resident of Malgodam, Patel Nagar, P.S.- Nawada, Distt.- Nawada.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Shailendra Kumar Jha, Advocate.

For the State :

Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 323, 307, 341, 498(A)/34 of the IPC and 3⁄4 of the D. P. Act. The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is

Patna High Court Cr.Misc. No.5920 of 2019(2) dt.04-02-2019 2/2 the sister-in-law (married Nanad) of the victim. She is separate in mess and property from the husband of the victim. The petitioner is in family way. There is no medical examination report in respect of offence under Section 307 of the I.P.C. Hence, no offence under Section 307 of the I.P.C. is made out in the present case. Rests of the offences are triable by the Magistrate.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Nawada, in connection with Mahila P.S. Case No. 17/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T