Arohi Mahto @ Aroti Moadk @ Arohi Moadk v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15765 of 2023 Arising Out of PS. Case No.-361 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Arohi Mahto @ Aroti Moadk @ Arohi Moadk Wife Of Singheshwar Mukhiya R/O Village- Dasaut Nankar, P.S.- Alinagar, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anila Devi Wife Of Sigheshwar Mukhiya R/O Village- Dasaut Nankar, P.S.- Alinagar, District- Darbhanga At Present Address D/O Gully Mukhiya, R/O Mahatwar, P.S.- Ghyanshyampur, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sameer Ranjan For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

As prayed by learned counsel for the petitioner, permission is granted to make correction in para-3 of the bail application, in the course of the day.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

As per the prosecution case, it is alleged that the husband of the of the opposite party no. 2/complainant has solemnized second marriage with the petitioner and thereafter all the accused persons, over the demand of dowry, assaulted the

Patna High Court CR. MISC. No.15765 of 2023(2) dt.17-05-2023 2/3 complainant and ousted her from the matrimonial home after keeping her all belongings.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is the second wife of co-accused, namely, Singheshwar Mukhiya. There is no specific overt act against the petitioner, she has never tortured the complainant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the nature of the offence, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complainant Case No. 361 of 2019, subject to the condition as

Patna High Court CR. MISC. No.15765 of 2023(2) dt.17-05-2023 3/3 laid down under Section 438 (2) of the Cr.P.C. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T