Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17913 of 2018 Arising Out of PS. Case No.-58 Year-2017 Thana- MAHILA P.S. District- Patna ====================================================== Sunaina Devi, Wife of Late Brij Bhushan Tiwari, Resident of E/62, Gulzari Bhawan, P.C. Colony Malahi Pakri, Kankarbagh, Patna- 800020. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kumari Smita Soni For the Opposite Party/s :

Mr. IFTEKHAR MAHMOOD ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2018 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, 313 and 34 of the Indian Penal Code.

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 is mother-in-law. She has falsely been implicated in the present case due to petty family dispute. There is no medical report to support the allegations for constituting

Patna High Court Cr.Misc. No.17913 of 2018(2) dt.28-03-2018 2/2 offence under Section 313 of the Indian Penal Code. Other offences are triable by the Magistrate. 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 Smt. Sarika Vahaliya, Judicial Magistrate 1st Class, Patna in connection with Mahila P.S. Case No. 58/2017 (G.R. No. 5116/2017), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T