Mukeshiya Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26844 of 2018 Arising Out of PS. Case No.-4 Year-2018 Thana- DESARI District- Vaishali ====================================================== Mukeshiya Devi, D/o Late Ganeshi Rai, W/o Manohar Rai, resident of Village- Rasulpur Habib, P.S.- Desri (Chandpura O.P.), District- Vaishali. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rita Devi, wife of Manohar Rai, resident of Village- Rasulpur Habib, P.S.- Desri (Chandpura O.P.), District- Vaishali.

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 342, 323, 325, 494, 498A, 504, 379, 506/34 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 has falsely been implicated in the present case. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque

Patna High Court Cr.Misc. No.26844 of 2018(2) dt.04-05-2018 2/2 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 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 learned Sub Judge IIIrdcum-A.C.J.M. IInd, Vaishali at Hajipur in connection with Desari (Chandpura O.P.) P.S. case No.04 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T