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Patna High CourtCR. MISC./21211/2018bail granted

Urmila Devi v. State Of Bihar And ANR

2018-04-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21211 of 2018 Arising Out of PS.Case No. -598 Year- 2017 Thana -MANER District- PATNA ====================================================== Urmila Devi, Wife of Late Dineshwar Prasad, Resident of MohallaJawahar Tola, Ara, P.S.- Ara- Nawada, District- Bhojpur Ara. .... .... Petitioner

Versus

1. The State of Bihar.

2. Pinki Devi @ Pinki Kumari, Wife of Prakash Kumar, Daughter of Late Krishna Prasad, resident of Nasriganj, Maner, Near Maner Hospital, P.S. Maner, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Roy, Advocate. For the State : Mr. Amitesh Kumar, A.P.P. For the O.P. No. 2 : Mr. Naushad Akhtar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

The petitioner is apprehending her arrest in a case for the offence registered under Sections 498(A), 341, 332, 504, 506/34 of the IPC and 3⁄4 of the D.P. Act.

The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There

Patna High Court Cr.Misc. No.21211 of 2018 (2) dt.10-04-2018 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is mother-in-law of the victim. She is separate in mess and property from the husband of the victim. The case is triable by the Magistrate. The petitioner has further 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 learned counsels for the State and opposite party no. 2, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of 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.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Danapur, in connection with Maner P.S. Case No. 598/2017 (G.R. No. 3880/2017) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T T T T T