Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12239 of 2017 Arising Out of PS.Case No. -301 Year- 2016 Thana -GARAUL District- VAISHALI(HAJIPUR) ====================================================== Geeta Devi w/o Bhola Rai resident of village - Inayatnagar, Police Station - Goraul, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmesh Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Goraul P.S. Case No. 301 of 2016 instituted for the offence under sections 498A, 313, 504/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that she is Gotni of the complainant.

It is alleged that she has illicit relationship with the husband of the complainant.

The counsel for the complainant has appeared. He has submitted that this petitioner has illicit relationship with the husband of the complainant and on account of such relationship, the complainant was tortured and assaulted, as a result of which, her pregnancy has been aborted.

Patna High Court Cr.Misc. No.12239 of 2017 (2) dt.23-03-2017 2/2 From the written report, it appears that general and omnibus allegation has been made against this petitioner that she had illicit relationship with the husband of the complainant and on account of giving medicine, abortion took place. Besides such vague allegation, there is no specific allegation of overt act in the written report against this petitioner. The petitioner is a lady.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Goraul P.S. Case No. 301 of 2016, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J) Ravi/- U T