Rita Bajpayee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46268 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -MAHILA P.S. District- SASARAM (ROHTAS) ====================================================== Rita Bajpayee, W/O Sri Raj Kumar Vajpayee, resident of L.I.G. 116 Harmu Housing Colony, P.S. Argoda, Ranhi, At present residing at Ashok Bihar Sheikh Rahmat Chowk, Dipa Toli, P.S. Pundag, Argoda (U.P.) Kathal More, Ranchi (Jharkhand).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Salahuddin Khan, Advocate. For the Opposite Party : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Mahila P.S. Case No. 34/2017, Rohtas for the offences instituted under Sections 498(A), 406, 504/34 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 informant due to nonfulfillment of demand of dowry. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. She has falsely been implicated in the present case due

Patna High Court Cr.Misc. No.46268 of 2017 (2) dt.19-09-2017 2/2 to petty family dispute. The petitioner is the mother-in-law of the informant. She is separate in mess and property from the husband of the informant. 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. It has been submitted by learned counsel for the State that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Mahila P.S. Case No. 34/2017 Rohtas on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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