Shail Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22470 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- BANIAPUR District- Saran ====================================================== SHAIL DEVI Wife of Sheolal Das Resident of Village - Bishunpur Jagdish, Police Station - Marhowrah, District - Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari Wife of Munna Kumar Das , D/o- Late Baidyanath Das Resident of Village - Karah, Post office - Harpur Karah, Police Station - Baniyapur, District - Saran at Chapra.

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

For the Petitioner/s :

Mr. Narendra Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Learned counsel for the petitioner seeks permission to make rectification in the prayer portion of the anticipatory bail application in course of the day.

Permission is accorded.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 341, 323, 498(A) and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

The informant alleges that she was married to Munna

Patna High Court CR. MISC. No.22470 of 2022(2) dt.07-11-2022 2/2 Kumar Das and the accused persons including the petitioner started contemplating second marriage of Munna Kumar Das as no child was born out of the wedlock. Further, the informant was ousted from her matrimonial home on 04.07.2021.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that the allegation is general and omnibus in nature and the husband of the informant is also availing his remedy available in law. It is next submitted that petitioner is mother-in-law of the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees 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 Baniyapur P.S. Case No. 258 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T