Sita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51970 of 2014 Arising Out of PS.Case No. -1080 Year- 2012 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ====================================================== Sita Devi, wife of Jai Narayan Bhagat, resident of Village-Gauripur, P.S.- Singeshwar, District-Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-01-2015 Heard both sides.

The petitioner, Sita Devi, apprehends her arrest in Complaint Case No.1080 of 2012, registered under Section 365/34 of the Indian Penal Code.

The complainant alleged that her husband was mentally ill and petitioner and the others took her husband for treatment, but her husband did not return.

Learned counsel for the petitioner submits that the petitioner is the mother-in-law of the complainant. The complainant was living separately along with her husband from the petitioner and other family members. The complainant was looking after her husband. Her husband became traceless in the year 2008. The complainant filed Singheshwar P.S. Case No.52 of 2011. The police after investigation submitted final form.

Patna High Court Cr.Misc. No.51970 of 2014 (2) dt.05-01-2015 2/2 Thereafter, the complainant filed protest petition and after enquiry, prima facie case was found against the petitioner. Having considered the facts that the petitioner is the mother-in-law of the complainant and the police after investigation found the allegation false, the prayer for anticipatory bail is allowed.

The petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Madhepura, in connection with Complaint Case No.1080 of 2012, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Pawan/- U T