Rajeshwari Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33749 of 2017 Arising Out of PS.Case No. -1010 Year- 2015 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ======================================================
1. Rajeshwari Devi wife of Bacha Muni Gond, Resident of VillageGaighat, P.S.- Simari, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Laxmina Devi, wife of Manoj Gond, D/o- Akshyalal Gond, Resident of Village- Gaighat Parari, P.S.- Simari, District- Buxar, at present Resident of Naya Bhojpur, P.S.- Dumroan, District- Buxar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 498(A) of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner is the mother-in-law of
Patna High Court Cr.Misc. No.33749 of 2017 (2) dt.20-07-2017 2/2 the victim. She is separate in mess and property from the husband of the victim. The petitioner has further relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the State, it is submitted that the petitioner is named in the complaint case.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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 learned S.D.J.M., Buxar in connection with Complaint case No.1010C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T