Kaushilya Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43445 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Kaushilya Devi Wife of Bindeshwar Raj Resident of Village - Sonaul Subba, P.S. - Majorganj, Dist. - Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Ram Dulari Devi Wife of Bindeshwar Rai Presently residing at C/o Satya Narayan Rai, Village - Jamal Parsa, P.S. - Mejorganj, Dist. - Sitamarhi.

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

For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate. For the State : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Majorganj (Suppi) P.S. Case No. 18 of 2016 for the offences instituted under Sections 498(A), 323, 494 and 379 of the IPC.

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

Patna High Court Cr.Misc. No.43445 of 2017 (2) dt.15-09-2017 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. She has falsely been implicated in the present case due to petty family dispute. 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 Majorganj (Suppi) P.S. Case No. 18/2016 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. Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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