Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28552 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- MAHILA PS District- Darbhanga ====================================================== Babita Devi W/o Ram Babu Sah Resident of Village Mohammadpur ward no 3 P.S. Kamtaul dist Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Darbhanga Mahila P.S. Case No. 84 of 2023 registered under Sections 498A, 495, 323, 379, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. The prosecution story, in brief, is that the informant got married with accused Ram Babu Sah and after 4 days of her marriage, the informant came to know that her husband had already married with Babita Devi (petitioner), still informant continued to live with her husband, but the informant's husband and his family members started demanding dowry and on nonfulfillment they abused, assaulted and tortured the informant and ousted her from their house.

Patna High Court CR. MISC. No.28552 of 2024(2) dt.14-05-2024 2/2

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that petitioner is the wife of co-accused Ram Babu Sah. The allegation levelled against the petitioner is general and omnibus. No specific over act is alleged against the petitioner. Thrust of accusation is against the husband of the petitioner. The petitioner has got no criminal antecedent.

5. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Darbhanga in connection with Darbhanga Mahila P.S. Case No. 84 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T