Asha Devi @ Asha Kumari @ Asha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8952 of 2020 Arising Out of PS. Case No.-168 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== ASHA DEVI @ ASHA KUMARI @ ASHA Wife of Nitin @ Nitin Kumar @ Monu Resident of Mohalla - G.B. Road, Lovely Market, Infront of Lal Medical Hall, Gaya, P.S.- Kotwali, Distt - Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-03-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Kotwali P.S. Case No. 168 of 2019 for the offence registered under Sections 385, 506, 504, 341, 323 and 379/34 of the Indian Penal Code and Sections 3⁄4 of Dayan Act.

The allegation is regarding the petitioner along with her husband having engaged in torturing her mother-in-law and father-in-law on account of non-fulfillment of their demand for money whereupon altercation is stated to have taken place and the petitioner along with her husband are stated to have assaulted her mother-in-law and father-in-law as also are stated to have taken away a sum of Rs. 4,000/-.

The learned counsel for the petitioner submits that the petitioner is innocent, she has been falsely implicated in the

Patna High Court CR. MISC. No.8952 of 2020(2) dt.02-03-2020 2/2 present case and is having a fair antecedent except one case in which she is on bail, which has been lodged by her mother-in-law. It is submitted that the petitioner is in fact being tortured by her mother-in-law and father-in-law. It is further submitted that there is no injury report on record to show that any assault was made by the petitioner herein.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No. 168 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T