Sweta Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.39054 of 2014 (2) dt.03-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39054 of 2014 Arising Out of PS.Case No. -148 Year- 2013 Thana -SALKHUA District- SAHARSA ======================================================

1. Sweta Devi W/o Jay Prakash Yadav R/o village - Goradah, P.S. Salkhua, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Sinha For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Salkhua P.S. Case No. 148 of 2013 registered for the offences punishable under Sections 341, 323, 307, 354, 379, 498A/34, 504 and 506 of the Indian Penal Code and Sections 3 /4 of the Dowry Prohibition Act.

Allegedly, the husband of the informant having illicit relationship with the petitioner being bhabhi, used to assault and torture the informant and further snatched gold chain and ultimately they planned to kill her.

Submission is that all the allegations levelled against the petitioner is false and the petitioner is living separately with

Patna High Court Cr.Misc. No.39054 of 2014 (2) dt.03-04-2015 her husband happily. This petitioner is Anganwadi Sevika and due to jealous she has been dragged in this case with filthy allegations and she has got no concern with the family affairs of the informant and her husband, and as such, she deserves sympathetic consideration to which the learned APP opposes by submitting that on the person of the informant injury was found and chargesheet has been submitted under section 307 of the Indian Penal Code against the husband.

In the facts and circumstances stated above and considering the claim that the petitioner is living separately, the petitioner above named, in case of her surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S. Case No. 148 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T