Kumari Gita @ Gita Devi @ Geeta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22727 of 2018 Arising Out of PS. Case No.-545 Year-2017 Thana- MOHANIA District- Bhabhua (Kaimur) ====================================================== Kumari Gita @ Gita Devi @ Geeta Kumari, daughter of Sri Jagarnath Pandey, resident of Village- Konar, P.S.- Shiv Sagar, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 498A, 494, 323, 307, 504, 506 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. There is no medical report to support the allegations for constituting offence under

Patna High Court Cr.Misc. No.22727 of 2018(2) dt.17-04-2018 2/2 Section 307 of the Indian Penal Code. Rest of the offences are triable by the Magistrate. The petitioner is alleged to be the second wife of the victim. The said allegation is denied by the petitioner. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohaniya P.S. Case No. 545 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T