Patna High CourtCR. MISC./28455/2016disposed

Archana Devi v. The State Of Bihar

2016-07-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28455 of 2016 Arising Out of PS.Case No. -341 Year- 2015 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Archana Devi wife of Jai Prakash resident of village - Tiwari Market, Police Station - Bagaha (Pathkhauli), District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-07-2016 Heard learned counsels for the petitioner and the State. The petitioner being brother's wife of husband of informant is apprehending arrest in a case registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504, 506, 325, 498A/34 of the Indian Penal Code and under Section 3⁄4 of Dowry Prohibition Act.

The basic accusation is of making assault to the informant for non fulfillment of further dowry demand of Rs. one lac.

It is submitted by learned counsel for the petitioner that accusation is general and omnibus and thrust of accusation is against the husband of informant and the husband of informant has

Patna High Court Cr.Misc. No.28455 of 2016 (2) dt.12-07-2016 2/2 filed Matrimonial case No. 20 of 2015 for dissolution of marriage. The learned 2nd Additional Sessions Judge, Bagaha disposed of the bail petition of the petitioner because only summons has been issued against the petitioner.

Since only summons has been issued against the petitioner, this court is not inclined to interfere with the matter but taking into consideration the fact that thrust of accusation is against the husband of informant and petitioner is a lady, it is a case for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Bagaha (Pathkhauli) P.S. case No.341 of 2015 pending before learned Sub-divisional Judicial Magistrate, Bagaha, West Champaran. The learned court below shall dispose of the bail petition, preferably, on the same day.

This application is disposed of with aforesaid observation/ direction.

(Dinesh Kumar Singh, J) BKS/- U T