Usha Rani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12082 of 2020 Arising Out of PS. Case No.-1415 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== 1.
USHA RANI Wife of Awadhh Kishore Pathak Resident of Kalibag Chauk, P.S.- Bettiah Town (Kalibag O.P.), Distt - West Champaran. 2.
Kumar Rajeev Ranjan Son of Awadh Kishore Pathak Resident of Kalibag Chauk, P.S.- Bettiah Town (Kalibag O.P.), Distt - West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Renu Devi @ Renu Pathak Wife of Kumar Vishwa Ranjan, D/o Girija Mohan Twiari Resident of Village - Turhapatti, Brahman Tola, P.S.- Sirsiya (O.P.), Distt - West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Jha, Adv.
For the Opposite Party/s :
Mrs.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Complaint Case No. 1415C of 2017, wherein cognizance has been taken under sections 494 and 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act. As per allegation in the complaint, the complainant was married to the son of petitioner no. 1 on 27.04.2009 and she gave birth of a girl child from the said wed-lock. It is thereafter
Patna High Court CR. MISC. No.12082 of 2020(2) dt.01-07-2020 2/3 stated that her husband entered into a relationship with a Japanees lady and ultimately married her. Further allegations of assault, torture etc. are made against the accused persons. It is submitted by learned counsel for the petitioners that from the reading of the complaint itself, it would transpire that the main allegation is of extra marital relationship of the husband of the complainant with a Japanees lady. So far as the petitioners are concerned, they happen to be the mother-in-law and brother-in-law (dewar) of the complainant. The petitioner no. 1 lives with her son, petitioner no. 2 in Mumbai where he works in a private company and there is matrimonial dispute between the petitioner no. 1 and her husband. It is submitted that the petitioners have no criminal antecedent. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and in the facts and circumstances of the case,the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Complaint Case No. 1415C of 2017 (S.C. Case No. 1348 of 2018), they will be enlarged on bail on each of
Patna High Court CR. MISC. No.12082 of 2020(2) dt.01-07-2020 3/3 them furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bettiah West Champaran subject to the condition as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T