Adita Ben @ Adita Ben Devi Choudhary @ Chowdhary Adita @ Adita Devi Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26543 of 2024 Arising Out of PS. Case No.-32 Year-2023 Thana- MAHILA PS District- Buxar ====================================================== ADITA BEN @ ADITA BEN DEVI CHOUDHARY @ CHOWDHARY ADITA @ ADITA DEVI CHOUDHARY W/O LATE ACCHELAL R/O PRADHANPUR, P.S- RASDRA, DISTT.- BALIYA (U.P), AT PRESENT FLAT NO. 704, D, IN FRONT OF CHAR RASTA AZIBAPA, GREEN VEERAT NAGAR ROAD, NIKOL, AHMADABAD, GUJRAT.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 323, 498A, 504 and 34 of the IPC.
3. The learned counsel for the petitioner submits that petitioner being mother-in-law has been falsely implicated in the instant case.
4. It is next submitted that whenever any dispute arises in between the husband and the wife the entire family members are implicated with general, omnibus and ornamental allegation in a mechanical manner. It is further submitted that from perusal of the allegation as alleged in the FIR, it would
Patna High Court CR. MISC. No.26543 of 2024(2) dt.16-04-2024 2/2 also manifest that the allegation against the petitioner is general and omnibus in nature.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs.5000/- (Rupees five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Mahila (Buxar) P.S. Case No.32 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T