Phulan Devi v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13657 of 2019 Arising Out of PS. Case No.-808 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Phulan Devi, Wife of Bamar Yadav, Resident of Village- Hanuman Nagar Arghawa, P.S.- Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Parmila Devi, Wife of Ram Chandra Yadav, Resident of Hanuman Arghawa, P.S.- Basopatti, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.808 of 2017, Trial No. 1405 of 2018 disclosing offences under Sections 323, 506, 379, 498(A) of the Indian Penal Code.

Allegation as per complaint petition against the petitioner is that he subjected the opposite party no.2 with cruelty for non giving birth of a male child and solemnized marriage with another lady.

Submission of the learned counsel for the petitioner is that she is second wife and there is no allegation of demand of dowry and allegation of assault is general and omnibus against the petitioner.

Patna High Court CR. MISC. No.13657 of 2019(4) dt.09-05-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Complaint Case No.808 of 2017, Trial No. 1405 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunil/- U T