Patna High CourtCR. MISC./19190/2016bail granted

Muskan @ Mushkan v. The State Of Bihar

2016-05-02Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19190 of 2016 Arising Out of PS.Case No. -27 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Muskan @ Mushkan wife of Niranjan Sahni, Resident of village- Sidhiya Hiwan, P.S. Banjaria, District- East Champaran at present resident of village- Basatpur, P.S.- Mufassil Motihari, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma For the Opposite Party/s : Mr. Yogendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending her arrest in a case registered under sections 406, 494, 498A and 34 of the Indian Penal Code.

The prosecution case is that the informant Reetu Devi got married with Om Prakash Sah in the year 2002, but he started torturing the informant for non-fulfillment of dowry demand and subsequently got married with the petitioner. It has been submitted by the learned counsel for the petitioner that the petitioner never got married with the informant's husband. Hence, the question of torture does not arise. Considering the thrust of accusation against the

Patna High Court Cr.Misc. No.19190 of 2016 (2) dt.02-05-2016 2/2 husband of the informant and petitioner being a lady, let the petitioner be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkaulia P.S. Case No. 27 of 2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) B.K.Roy/- U